Terms of Service
Welcome to the user agreement for Brix and Bailey (Luxury Leather Handbag and Accessory brand)
In return for allowing you access to this website, we require you to accept the terms and conditions of use set out in this notice. If you are not prepared to agree to these terms, then you must immediately leave this website and you may not use or access our services or our site's facilities.
These terms of use are a legal agreement between us and describe the terms and conditions applicable to your use of our website and the services we offer including the sale of retail goods to consumers. You must read, agree with and accept all of the terms and conditions contained in this agreement.
This agreement includes those terms and conditions expressly set out below and those incorporated by reference. We strongly recommend that you also access and read any other information contained on other pages or websites referred to in this notice, as they may contain further terms and conditions that apply to you.
New Customer
You may browse our website without registering but will need to register to become an online customer with us in order to purchase any goods via our website.
When you become an online customer, your username will be your valid email address and you will be asked to input a password.
You are responsible for all actions taken under that username, whether by you or any other person. It is your responsibility to keep your username and password safe. You should not disclose or transfer your username or password to any other person, and you must notify us immediately if you become aware of any unauthorised use of your username or password.
You warrant, represent and undertake that any information, which you provide when you register as a user, shall be up to date, true and accurate in all respects, and you agree to notify us immediately of any changes to such information.
Descriptions and Product Information
All Brix and Bailey products displayed are available to buy and ship whilst stocks last. Every effort has been made to ensure that product descriptions and colourways are depicted as accurately as possible. However, due to the many differences between computer monitors and screens, Brix and Bailey are unable to guarantee that the colour you will see will accurately reflect the true colour of the final finished product.
Photographs, images, descriptions, advertising and specifications used on this website and any images, descriptions, photos or illustrations contained in Brix and Bailey's catalogues, look books, videos or brochures are issued / published for the sole purpose of giving an approximate idea of the products described. They will not form part of the contract with you and no warranty or guarantee shall be expressed or implied in the contract with you in this regard.
Purchasing Products
All of the prices displayed on this international site are quoted in $USD.
All prices are quoted exclusive of postage and packaging, which will be charged at the rates specified during the checkout process.
Where there is an issue with postage, any delay or probability of delay in the supply of Brix and Bailey products, we will advise you as soon as possible. If the products cannot be delivered within 30 days of your order, we will notify you of this delay and you may either cancel your order or agree a further delivery time with us.
No contract will be formed between us for any orders you place with us and they will not be accepted until you have been instructed that said goods are available and that these goods have been paid for and all applicable charges paid for in full. No payment shall be deemed to have been received until we have received payment in cleared funds.
We will confirm our acceptance of your order prior to dispatch of your goods by email (where a valid email address is provided).
We reserve the right at all times and at our sole discretion to refuse to accept any orders.
Cancellation Policy
If you wish to cancel your order, please notify us by email to: mail@brixbailey.com before we have despatched the goods to you. If the goods have already been dispatched the cost of delivery shall be borne by you.
Cancelling an order after delivery
You may cancel your order within 7 working days of delivery by emailing mail@brixbailey.com
If phoning to cancel an order you must also confirm cancellation of the order in writing via email or letter.
The following order details must be supplied:
- Contact details (name, address, email address, contact number)
- Order reference
- The date that you placed the order
- Goods must be returned unused, as new, in saleable condition and with the original packaging. We cannot accept returned goods which do not meet these requirements.
Upon receipt of the goods any refunds will be reimbursed within 30 days. The cost of returning goods to us shall be borne by you.
Acceptable Use
Whenever you make use of a feature that allows you to upload material to our site, or to make contact with other users of our site, you must comply with the content standards set out in our Acceptable Use Policy. You warrant that any such contribution complies with those standards, and you agree that you will indemnify us for any breach of that warranty.
We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site.
You acknowledge that you are responsible for all communications sent by you to or via this website, and you agree that you will use this website for your own personal, proper and lawful purposes only.
You will not carry out or procure any act or omission which would:
- damage, delay, interrupt or impair the use of this website or its software
- cause any illegal, offensive, obscene or defamatory material to be placed on, transmitted via or associated with this website; be in breach of any copyright, trade mark, privacy, confidence, or any other third party right; or
- cause any inconvenience to Brix and Bailey, its employees, servants, agents, software and other suppliers or any other third party (including, without limitation, creating or procuring software viruses, chain letters, unsolicited communications and 'spam').
In the event that you breach any of these conditions, you will indemnify and keep indemnified Brix and Bailey, its parent, subsidiaries, associated companies, employees, servants, agents, professional advisors, suppliers and affiliates from time to time against all damages, losses, claims, costs, charges, awards, orders, judgments and other liabilities suffered or threatened as a result of a breach of these conditions.
Links to Other Organisations
We provide links to other sites and resources provided by third parties only as a convenience to you. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. No mention of any organisation, company or individual, whether on these pages or on other websites to which these pages are linked shall imply any approval or warranty by us as to the standing and capability of such organizations, companies or individuals.
We take no responsibility for anything that might occur when you visit any other website.
Limitation of Liability
Nothing in this Agreement shall limit or exclude our liability for fraudulent misrepresentation, or for death or personal injury resulting from our negligence or the negligence of our servants, agents or employees.
However, we will not be liable for any loss of revenue, loss of profit, loss of contract, loss of business or any anticipated savings, loss of goodwill or reputation, or any special, indirect or consequential damages (however arising, including negligence) arising out of or in connection with this agreement.
Indemnity
You agree to indemnify and hold us and our affiliates and agents and our and their respective officers, directors and employees harmless from any claim or demand, including legal fees, made by any third party due to or arising out of your breach of this agreement or your violation of any law or rights of a third party.
Trade Marks and Copyright
Our trademarks include (amongst others) the Brix and Bailey, Brix + Bailey name and logo.
These trademarks may be in use and/or registered in more than one country and your use and access of our website does not give you any rights to use our trade marks.
All other trademarks are the property of their respective owners.
All content included on this website (including, without limitation, the trademarks of Brix and Bailey, logos, graphics, text, photos, designs, logos, icons, images, data and software) is the property of Brix and Bailey, its affiliates and licensors and as such is protected by international and UK copyright and other intellectual property laws.
Any copyright or other intellectual property in these web pages is owned by, or licensed to us. You are absolutely prohibited from reproducing all or any part of the contents of this website except in accordance with this agreement.
Termination and Suspension
We may immediately issue a warning, suspend or terminate your registration and deny your access to all or part of the website or refuse to provide our services to you without notice if:
You are in breach of any part of this agreement.
We cannot, for any reason, verify or authenticate any information you provide to us.
We believe that your actions may cause legal liability for us, you, or any other user.
General
This agreement sets out the entire understanding and agreement between us.
We may amend this agreement at any time by posting an amended agreement on our website. Any amended agreement will govern new user registrations from the date that it is posted and existing users will be bound by the amended agreement after the expiry of 14 days following the date of posting.
Nothing in this agreement shall create or be construed to imply any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and us. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of the provisions to which they relate.
If any provision of this agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall remain in full force and effect.
You cannot assign this agreement but we may assign it at our sole discretion.
Our failure to act with respect to a breach by you or others shall not be considered as a waiver of our right to act with respect to subsequent or similar breaches.
No person who is not a party to this agreement has any right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement. This does not affect any right or remedy generally available to such a third party in law or otherwise.
Governing Law
These terms of use, contracts for the purchase of products made via our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) are governed by and construed in accordance with Swiss law and you agree that the Swiss courts will have exclusive jurisdiction for any dispute under this agreement.
The laws of your country may be different from Swiss law and there may be additional legal requirements for you to use our website or services. You must comply with all applicable local and international laws, statutes, ordinances, and regulations regarding your use of our website and services.
Company Information
Price Heys GmbH
Commercial register number: CH-100.4.816.454-9