Terms & Conditions

CUSTOMER TERMS AND CONDITIONS

These Terms and Conditions were last updated on 1st March 2017

INTRODUCTION

1.1 You can place orders with BRITSENSE LTD. online.

1.2 This option is collectively referred to as the “Services”/“Service”.

1.3 The terms and conditions contained in this document (“Terms and Conditions”) apply to purchases made using this Service.

1.4 Throughout these Terms and Conditions, the terms “BRITSENSE LTD.” we, our (Company number SC447984).

1.5 By using the Services you are indicating your acceptance to be bound by these Terms and Conditions. They form a legal agreement between you and us and can only be amended with our consent. Any purchases you make are subject to these Terms and Conditions.

1.6 We reserve the right to change these Terms and Conditions from time to time without prior notice, provided that any such change will not affect any purchases you have made before the change is implemented. Your continued use of the Services shall signify your acceptance to be bound by the latest Terms and Conditions.

1.7 We will use any information you provide in accordance with our privacy policy.

ORDERING

2.1 All orders placed by you are subject to acceptance by us. We may choose not to accept your order for any reason and will not be liable to you or to anyone else in those circumstances.

2.2 If a product you wish to order is out of stock, please click the "contact us"button,key in your name, the product number and the Email address, we will email you as soon as possible when the product is back in stock.

2.3 Acceptance of your order and the formation of a contract between us will take place when we despatch the products ordered to you, unless we have notified you that we do not accept your order or you have cancelled it in accordance with section 7 below.

2.4 You can check the status of an outstanding order at any time by phone or online.

2.5 It is an offence for any person under the age of 18 years to purchase a knife, or attempt to purchase a knife in-store or online in the UK. As a responsible online retailer, BRITSENSE LTD. performs an age verification check on the purchaser when an attempt to buy a knife is made. This check is solely to verify that the purchaser is over 18 years of age and is an automated part of the transaction process. The age verification check is made with our age verification partner GB Group using data sources including but not necessarily limited to the electoral roll, telephone directory and credit reference data. Where a check is made against credit reference data, this is a ‘soft’ check, meaning that it does not affect your credit score. Where the purchaser's age cannot be verified online, we may ask for further documentary proof in order to complete the transaction. If you have any questions about the age verification check, please email us at [email protected]

2.5a More information on the sale of age-restricted goods can be found on the Chartered Trading Standards Institute’s Business Companion website.

2.6 You must provide a valid email address when placing an order to enable us to send you the required contract in durable form. The contract between BRITSENSE LTD. and the purchaser is concluded when payment for the order has been accepted by BRITSENSE LTD The order is confirmed in an order confirmation email sent to the purchaser at the email address entered when making the purchase.

PRICES

3.1 All prices are in pounds (£) sterling, inclusive of UK VAT (where applicable, for international buyers, VAT is not applicable so price does not include VAT), but exclude buyer's local custom duty and imported tariff (if applicable).

3.2 Delivery charges, where applicable, are clearly displayed when you view the products you have selected within your basket. Delivery charges will be added to the total amount due once you have selected a delivery service, upon which they are automatically calculated and added to your order.

3.3 In the unlikely event that the price of a product has been incorrectly advertised, we will contact you to ask whether you wish to proceed with the order at the correct price. If you are not happy to proceed, or we are unable to obtain your instructions, we will cancel the order. We will not be obliged to supply products at the incorrect price.

PAYMENT

4.1 Payment can be made by most major credit or debit cards or with a PayPal account. We do not accept cash.

4.2 We cannot accept your order until you have paid for it in full.

4.3 Online payments: BRITSENSE LTD. does not store your payment (credit card, debit card or PayPal) details. Payments made in the BRITSENSE LTD. online shop are securely handled by the payment provider.

DELIVERY

5.1 We deliver to worldwide using the courier Royal Mail Signed For, DHL Express, Fedex, dpd, Yodel Service or other international logistics company (unless otherwise specified). Deliveries usually take between 2-3 working days in the mainland UK and Northern Ireland. Deliveries usually take between 2-4 working days in the EU. Other countries out of EU usually take 3-5 working days to deliver the products. If ordered before 11am deliveries will usually be made the next working day, however we cannot guarantee this. We aim to get your goods to you in the shortest amount of time and in the most cost effective way. During busy periods, extreme circumstances or force majeure delivery times may be delayed.

5.2 Where delivery charges are displayed on screen, these are estimated delivery charges only according to the shipping location.

5.3 We only despatch products ordered by you once payment has been authorised.

5.4 We will deliver directly to the address specified in your order. We cannot deliver products within the same order to multiple addresses.

5.5 Once delivered, the products ordered will become your property (provided they have been paid for in full) and your responsibility. Risk of loss and damage of products passes to you on delivery.

5.6 If you choose to use the Services from outside the United Kingdom, you are responsible for complying with local laws, if and to the extent that they are applicable. We do not represent or warrant that any product we sell is appropriate for use or available in locations outside of the United Kingdom, or that it complies with any legal or regulatory requirements of such other locations.

5.7 If you order products for delivery outside the United Kingdom, they may be subject to import duties and taxes; you will be responsible for these. We have no control over such charges and cannot advise you as to what they may be, although your local customs office may be able to assist. For deliveries outside the United Kingdom, you will be regarded as the importer and it is your responsibility to comply with all laws and regulations of the country in which the products are to be delivered. Cross-border deliveries may be subject to opening and inspection by customs authorities.

RETURNS AND CANCELLATION

6.1 You have a statutory right to cancel your purchase. If you wish to cancel you must tell us in email or phone call within 14 days from the date on which the product is delivered. You must take reasonable care of the product and you should return the product to us (at your own risk and cost) within 14 working days of notifying us of your cancellation. The product must be returned unused. Please return the product with its original packaging. Please allow up to 14 working days from our receipt of your returned product for your refund to be processed. Based on fair policy, we will refund you partly the purchase price after deducting various overhead cost （30% of invoice value), e.g.our shipping, restock, re-do paper documents, etc for unwanted, non-faulty items return.If you cancel before our shipment, we will refund you partly after deducting 10 % of invoice value to cover the non-refundable bank charge (the bank still charge transit fee even though the order is cancelled) and additional paper document filing cost due to your cancellation.

6.2 It is our policy to contact and work with customers whose level of returns is very high. This is to ensure that our prices are not negatively impacted by the cost to BRITSENSE LTD. of dealing with an extremely high number of returns by a small minority of customers. If a customer continues to return an extremely high number of products to us, we reserve the right to close their account. If this happens the customer’s statutory rights will remain unaffected, orders accepted by us before the account has been closed will be fulfilled in accordance with these terms and individual product warranties will continue to be honoured in accordance with their terms.

6.3 If you wish to return an unused, non-faulty item and replace it with an alternative item please cancel and return.

FAULTY OR DAMAGED PRODUCTS

7.1 BRITSENSE LTD. will refund the purchase price together with the delivery charge for any product that is delivered in a damaged or faulty condition. Please take pictures for the damaged product, and note the damage detail on the delivery note.We will also replace or refund the purchase price for those products in the exclusion of lifetime warranty that develops defects due to manufacture and materials within a period of 30 days from delivery (other than due to normal wear and tear, failure to follow instructions or misuse).

7.2 Alternatively, if you would like, BRITSENSE LTD. will replace the product with the same, or a similar product (subject to stock availability). If you are in the UK, please contact our Customer Service representatives (see section 15 below) who will send you a pre-paid label to return the product by post or arrange for a courier to collect it from you depending on your location. If you are from outside of the UK please contact customer service who will advise you on the best possible way of returning your item. Return delivery charges will be refunded. Please include your order number (if possible) with the returned product and indicate whether you require a refund or replacement (subject to stock availability). If the product is to be returned by post, please remember to obtain proof of posting. Please allow 14 days from our receipt of your product for your refund to be processed or a replacement product to be despatched.

7.3 We reserve the right to refuse to issue a refund/replacement product and to recover the cost of the return delivery from you in the event that the product is found to have suffered damage after delivery or has been misused or used other than in accordance with the instructions or if the problem is due to normal wear and tear. We do ask that damaged or faulty products are returned promptly.

7.4 Nothing in this section or elsewhere in these Terms and Conditions or in our returns policy affects your statutory legal rights.

PRODUCT INFORMATION

8.1 We have taken reasonable steps to display as accurately as possible the colours and other detailing of our products. However, the actual colours and detailing you see on screen will depend on the equipment you use to view the products. We cannot guarantee that your computer monitor, screen or mobile device display will exactly reflect the colour or detailing of the product upon delivery.

8.2 Any information regarding sizing of products is included as a guide only. If you are in any doubt as to the size of any product you require, we recommend that you contact us prior to placing an order. Our contact details are set out below.

8.3 BRITSENSE LTD. products are covered by a limited lifetime guarantee against manufacturing and material defects. They are not covered against damage through misuse or accident. Please contact us if you have a query relating to the product guarantee.

AGE-RESTRICTED PRODUCTS

9.1 If you wish to order a product where a minimum age requirement is indicated, you must confirm that you are of the required age before you will be able to proceed with the order. We reserve the right not to supply any age-restricted product where we reasonably believe that you are below the relevant minimum age. See 2.5 for more information on age restricted goods.

9.2 For certain age-restricted products only certain specified payment methods may be allowed.

OUR LIABILITY

10.1 We will not be liable to you where performance of any of our obligations is prevented or restricted by any circumstance or cause beyond our reasonable control.

10.2 You are responsible for the use you make of the products you order. To the extent not prohibited by law, we accept no liability for any loss which is not reasonably foreseeable or for any business loss (which includes loss of profits, contracts, goodwill, opportunity and other similar losses).

10.3 We accept liability for death or personal injury caused by our negligence and responsibility for fraudulent misrepresentation and any other liability that cannot, under English law, be excluded.

10.4 Nothing in this section or elsewhere in our Terms and Conditions affects your statutory legal rights.

GENERAL

11.1 Any formal legal notices should be sent to us at the address at the end of these Terms and Conditions by post or by email and confirmed by post.

11.2 Failure by us to enforce a right does not result in waiver of such right. You may not assign or transfer your rights under these Terms and Conditions.

11.3 If any part of these Terms and Conditions is found to be unenforceable as a matter of law, all other parts of these Terms and Conditions shall be unaffected and shall remain in force.

11.4 You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all materials and/or content made available as part of your use of the Services shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.

11.5 You may not assign or sub-contract any of your rights or obligations under these Terms and Conditions or any related order for products to any third party unless agreed upon in writing by BRITSENSE LTD.

11.6 BRITSENSE LTD. reserves the right to transfer, assign, novate or sub-contract the benefit of the whole or part of any of its rights or obligations under these Terms and Conditions or any related contract to any third party.

11.7 No term of any contract subject to these Terms and Conditions shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person not a party to such contract.

11.8 You and we agree that English law applies to these Terms and Conditions and that any dispute between us arising out of or in connection with these Terms and Conditions will only be dealt with by the English courts, unless you are resident in another part of the United Kingdom, in which case the applicable law of that part of the United Kingdom will apply and any dispute will be brought before the courts there. We are required by law to inform you that purchases can be concluded in English only and that no public filing requirements apply.

HOW TO CONTACT US

Phone

0131 281 1093

Our customer service team are available Mon-Fri 9am to 5pm.

Email

[email protected]

By letter

Write to us at:

Britsense Ltd.

10 Western Harbour Breakwater

Edinburgh,

EH6 6PZ

United Kingdom

§ 1 APPLICATION

The use of these Internet pages is solely permissible by the set-out Terms and Conditions.

Please read carefully the following Terms and Conditions. You are agreeing to abide and be bound by such Terms and Conditions.

The contents of the BRITSENSE LTD. web pages may not be modified or in any way commercially or officially reproduced, exploited, redistributed or used in any other way than allowed.

Downloading of contents from the BRITSENSE LTD. web sites is permitted solely for private and non-commercial use.

It is prohibited to use the contents of these web sites on other web sites or in networks.

§ 2 SERVICES

BRITSENSE LTD. stores specific information on its websites to view or download.

BRITSENSE LTD. reserves the right to terminate these web pages wholly or partially at any time. BRITSENSE LTD. does not assume any liability for an uninterrupted or error free and continuous access. BRITSENSE LTD. does not assume the obligation to update the contents of the web pages.

§ 3 REGISTRATION/PASSWORD

Some pages are password protected. Access is permissible to registered users only. Registrations are solely to the discretion of BRITSENSE LTD., no legal rights may be enforced.

§ 4 THE RIGHT TO USE INFORMATION

The user is prohibited to use the retrieved information to neither sell or hire them to third parties nor release them in any other way. Retrieved information may not be altered or partially taken out of context in any way.

All information stored on the BRITSENSE LTD. websites are protected by copyright, intellectual property rights and other regulations and laws.

You may not do any of the following without prior written permission from us:

Copy, supplement, reproduce, modify or in any way commercially exploit or redistribute any of the contents.

Beyond these Terms and Conditions no further right of use exists, specifically to the use of the company name or other trade protection regulations.

§ 5 USER OBLIGATIONS

Users of the BRITSENSE LTD. web pages must not: harm persons or their personal right; contravene the standards of moral conduct with his/her way of using the site disparage products or brand of BRITSENSE LTD. shown on the site; violate or infringe trademarks; copyrights or any other right of ownership; distribute virus infected or other contents that may harm the software; add, store or send hyperlinks or contents without being entitled to do so; distribute advertising or unsolicited e-mails.

§ 6 HYPERLINKS

BRITSENSE LTD. web pages may contain hyperlinks to other third party websites. BRITSENSE LTD. does not assume any liability for the contents of these pages nor does it assume ownership.

§ 7 LIABILITIES

BRITSENSE LTD. will not be liable for any damages, including indirect or consequential damages, or any damages arising from use or loss of use, data or profits, whether in contract, negligence or other tortuous action, arising from or in connection with the use of BRITSENSE LTD. websites, its suppliers and third parties mentioned there.

This does not include premeditation or a case where a legal obligation is unavoidable.

BRITSENSE LTD. does not warrant that functions contained BRITSENSE LTD. contents will be free of viruses or bugs. The user is obliged to use make his/her own security arrangements.

DATA PROTECTION & PRIVACY

We will use any personal data collected during your use of the websites only in accordance with current data protection legislation.

General other agreements need to be in writing.

Access to information of BRITSENSE LTD. websites from countries where this is illegal is prohibited. Please see our Privacy Policy for further information.

These terms shall be governed by and interpreted in accordance with the laws of the United Kingdom, excluding UN purchasing regulations.