Terms and Conditions

Welcome to the Benjamin Brown Vintage website. If you continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy, govern Benjamin Brown Vintage’s relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website.

Any use by you of our website is conditional on your acceptance of these Terms and Conditions and our Privacy Statement. We may change these Terms and Conditions without letting you know and therefore it is up to you to check this page for any changes.

You must be over 18 years old to buy goods from this site. If you are under 18, you can only use this site with the involvement of a parent or guardian.

The www.benjaminbrownvintage.com website is operated by:
Donna Gilbert trading as  Benjamin Brown Vintage.
We are not registered for VAT.

Trading address:
Dormers, Pett Road, Pett, East Sussex, TN35 4HE

General contact details:
Email: donna@benjaminbrownvintage.com
Telephone number: 01424 812185

Ordering

You are deemed to place an order with us by completing an order via our online checkout process. We will send you an order acknowledgement, which will detail the items you have ordered.

Our acceptance of an order takes place when we despatch the order. We will send you a despatch confirmation by email. When we have despatched your order the purchase contract will be made even if your payment has been processed immediately, unless we have notified you that we do not accept your order or you have cancelled your order.

We may refuse to accept an order:
(a) where goods are no longer available;
(b) where we cannot obtain authorisation for your payment;
(c) if there has been a pricing or product description error posted to the site.
(d) if you do not meet any eligibility criteria set out in our terms and conditions.

You will be refunded in full for any item which is unavailable within 3 working days of placing your order.

Pricing

Our prices do not include VAT as we are not registered for VAT.
Where we charge separately for packing, carriage and insurance and other relevant charges, the appropriate rates are set out in our specified pricing structure shown elsewhere on this Website.

Our prices are reviewed periodically.

Cancellation and Returns Policy

If you wish to cancel your order:
(a) you can notify us by email to donna@benjaminbrown.com before we have dispatched the goods to you; or
(b) where goods have already been dispatched to you, by returning goods to us in accordance with our Returns Policy.
You can return goods you have ordered from us for any reason at any time within 7 working days of receipt for a full refund or exchange. The costs of returning goods to us shall be borne by you.
Upon receipt of the goods we will give you a full refund of the amount paid or an exchange credit as required.

The rights to return the goods to us as referred to in clause above will not apply in the following circumstances: –
a) in the event that the product has been used
b) In the event that the goods have been damaged
The provisions of this clause do not affect your statutory rights.

Licence

You are permitted to print and download extracts from this Website for your own use on the following basis:
(a) no documents or related graphics on this Website are modified in any way;
(b) no graphics on this Website are used separately from accompanying text; and
(c) any text or image used is attributed to, and, if used on a website, linked back to its original destination on this Website

Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation text, photographs and graphical images) are owned by us or our licensors. For the purposes of these terms and conditions, any use of extracts from this Website other than in accordance with the clause above for any purpose is prohibited. If you breach any of the terms in these terms and conditions, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.
Subject to above, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.
Any rights not expressly granted in these terms are reserved.

Service

While we endeavour to ensure that this Website is normally available 24 hours a day, we will not be liable if for any reason this Website is unavailable at any time or for any period.
Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.

Conduct

You are prohibited from transmitting to or from this Website any material:
(a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
(b) for which you have not obtained all necessary licences and/or approvals;
(c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or
(d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
You may not misuse the Website (including, without limitation, by hacking).
We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of clauses .

Links to and from other websites

Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.

If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions:
(a) you do not remove, distort or otherwise alter the size or appearance of the Benjamin Brown Vintage logo;
(b) you do not create a frame or any other browser or border environment around this Website;
(c) you do not in any way imply that we are endorsing any products or services other than our own;
(d) you do not misrepresent your relationship with us nor present any other false information about us;
(e) you do not otherwise use any Benjamin Brown Vintage  trade marks displayed on this Website without our express written permission;
(f) you do not link from a website that is not owned by you; and
(g) your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
We expressly reserve the right to revoke the right granted in this clause for breach of these terms and to take any action we deem appropriate.
You shall fully indemnify us for any loss or damage we, or any of our group companies, may suffer or incur as a result of your breach of any clause above.

Disclaimer

The content of the pages of this website is for your general information and use only. It is subject to change without notice.

Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

The information contained in this website is for general information purposes only. The information is provided by Benjamin Brown Vintage and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.

We reserve the right to change at any time any of the details of the garments on the site, including prices, colours and sizes. We reserve the right to change these terms and conditions and we advise that you read through them each time that you use the site.

The material on this Website may be out of date, and we make no commitment to update such material.

Liability

To the extent permitted by law, Benjamin Brown Vintage gives no warranties in relation to the website, in particular with limitation, any warranties regarding the accuracy of descriptions and illustrations of items in the website or other IP infringement and freedom from viruses. We do our best to keep our site up to date but cannot guarantee that the site and its contents are completely free of technical errors, viruses or anything else that may have a harmful effect on your computer or any technology. Benjamin Brown Vintage will also do its best to allow you uninterrupted access to the site 24 hours per day, but access may be suspended, restricted or terminated at any time. By using the site, you acknowledge that you assume full responsibility for all costs associated with any necessary servicing or repairs of any equipment that you use in connection with Benjamin Brown Vintage’s site. Of course, this statement does not affect your statutory rights as a customer.

To the extent permitted by law, Benjamin Brown Vintage will have no liability to you in contract, tort (including negligence) or otherwise for any loss (including loss of profit), cost or damage (whether indirect, consequential, or otherwise) suffered as a result of your use of the website or from use of information passed through the website, even if we are aware of the possibility of such loss. Additionally, we shall also not be liable to you for a breach of these terms and conditions or a failure to perform if the delay or failure is due to a cause beyond our reasonable control.

Benjamin Brown Vintage’s total liability for any claim howsoever arising shall not exceed the price paid for the goods supplied by Benjamin Brown Vintage to the customer, together with any postage costs incurred. We do not however exclude or limit our liability in respect of death or personal injury caused by our negligence or for fraud or fraudulent misrepresentation.

You must use the site for lawful purposes only. By registering with us you recognise that you are responsible for all access made to the site using the log in details that you provide us with. As with all passwords and usernames, it is important that you keep them confidential at all times.

If any part of these terms and conditions is unlawful, void or for any other reason unenforceable, then that provision shall be cut out of the terms and conditions and shall not affect the validity or enforceability of any of the remaining provisions. Also, if we fail to enforce a right under these terms and conditions, it does not mean that we do not have the right to enforce other rights, or the same type of right at a later stage.

No part of these terms and conditions are enforceable by anyone who is not a party to them in accordance with the Contracts (Rights of Third Parties) Act 1999.

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 for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website.
Nothing in these terms and conditions shall exclude or limit our liability for (i) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable law.
If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.

You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this Website, or the use by any other person using your registration details.

Law and Jurisdiction

These terms and conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the English courts.
We do not warrant that materials/items for sale on the Website are appropriate or available for use outside the United Kingdom. It is prohibited to access the Website from territories where its contents are illegal or unlawful. If you access this Website from locations outside the United Kingdom, you do so at your own risk and you are responsible for compliance with local laws.

Miscellaneous

You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions
If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect.
Only the parties to these terms and conditions may seek to enforce them under the Contracts (Rights of Third Parties) Act 1999.

Reserving Items:
We reserve items solely at our discretion and do not guarantee that a request will be granted. If a request is made to reserve an item and it is purchased by another customer before we reply, the purchaser’s order will be accepted.

Condition of Garments:
If, when we’re packing an order up, we notice anything affecting its condition that was not spotted sooner, we will notify the purchaser & refund an appropriate amount to account for the change in condition.

If the item is not acceptable upon receipt, a full refund, including all postage costs incurred by the purchaser, will be issued.