Terms of service

OVERVIEW

Background

            These Terms, together with any and all other documents referred to herein, set out the terms under which Goods are sold by Us to consumers through this website, www.ecobriel.com (“Our Site”).

Please read these Terms carefully and ensure that you understand them before ordering any Goods from Our Site.

You will be required to read and accept these Terms when ordering Goods.

If you do not agree to comply with and be bound by these Terms, you will not be able to order Goods through Our Site.  These Terms, as well as any and all Contracts are in the English language only.

1.              Definitions and Interpretation

1.1          In these Terms, unless the context otherwise requires, the following expressions have the following meanings:

“Contract”	means a contract for the purchase and sale of Goods, as explained in Clause 8;
“Goods”	means the goods sold by Us through Our Site;
“Order”	means your order for Goods;
“Order Confirmation”	means our acceptance and confirmation of your Order;
“Order Number”	means the reference number for your Order;
“We/Us/Our”	means Ecobriel Ltd a company registered in England under 14457747, whose registered address is Station House North Street Havant PO9 1QQ.

 

2.              Access to and Use of Our Site

2.1          Access to Our Site is free of charge.

2.2          It is your responsibility to make any and all arrangements necessary in order to             access Our Site.

2.3         Access to Our Site is provided “as is” and on an “as available” basis. We may                  alter, suspend or discontinue Our Site (or any part of it) at any time and without            notice. We will not be liable to you in any way if Our Site (or any part of it) is                  unavailable at any time and for any period.

2.4         Use of Our Site is subject to these Terms.  Please ensure that you have read                    them carefully and that you understand them.

2.5         Any new features or tools which are added to Our current site shall also be    subject to the Terms . You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

2.6          Our on line store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows Us to sell  products to you.

2.7          You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

2.8           You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of Our site or the Shopify platform.

2.9          We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information.

2.10       Any reliance on the material on this site is at your own risk.

2.11       Our site may contain certain historical information which may not necessarily, be current and is provided for your reference only.

2.12       We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on Our site. You agree that it is your responsibility to monitor changes to Our site.

2.13       We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement.

We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. 

Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

2.14      We may also, in the future, offer new services or products and/or features through the website (including the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.

2.15       Certain content, products and services available via Our site may include materials from third-parties.

Third-party links on our site may direct you to third-party websites that are not affiliated with Us. We are not responsible for examining or evaluating the content or accuracy and We do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third-parties. 

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.

Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

2.16       If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that We may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. 

We may, but have no obligation to, monitor, edit or remove content that We determine in our sole discretion to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of our site or any related website.

You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments.

You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

2.17       In addition to any other prohibitions as set forth in these Terms, you are prohibited from using Our site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of Our site or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of Our site or any related website, other websites, or the Internet. We reserve the right to terminate your use of Our site or any related website for violating any of the prohibited uses.

2.18       We do not guarantee, represent or warrant that your use of our site will be uninterrupted, timely, secure or error-free.

3.              Age Restrictions and on line use

3.1          By agreeing to the these Terms of Service, you represent that you are at least the age of majority in your country and/or state and/or province of residence, and you have given us your consent to allow any of your minor dependents to use this site.

3.2          You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

3.3          You must not transmit any worms or viruses or any code of a destructive nature.

4.              Goods, Pricing and Availability

4.1          We make all reasonable efforts to ensure that all descriptions and graphical representations of Goods available from Us correspond to the actual Goods.  Please note, however, the following:

4.1.1      Images of Goods are for illustrative purposes only.  There may be slight variations in colour between the image of a product and the actual product sold due to differences in computer displays and lighting conditions;

4.1.2      Images and/or descriptions of packaging are for illustrative purposes only, the actual packaging of Goods may vary and

4.1.3      Due to the nature of the Goods sold through Our Site, there may be a variance in the dimensions, of those Goods between the actual Goods and the description.

4.2          Please note that the above does not exclude Our responsibility for mistakes due to negligence on Our part and refers only to minor variations of the correct Goods, not to different Goods altogether. 

4.3          Where appropriate, you may be required to select the required specification of the Goods that you are purchasing.

4.4          Minor changes may, from time to time, be made to certain Goods, for example, to reflect changes in relevant laws and regulatory requirements, or to address particular technical or security issues.  Any such changes will not change any main characteristics of the Goods and will not normally affect your use of those Goods. 

4.5          In some cases, as described in the relevant product descriptions, We may also make more significant changes to certain Goods or to the price of those Goods.  If We do so, We will inform you at least one month in advance of the changes becoming effective..

4.6          We may from time to time withdraw certain products from sale. If any Goods purchased by you (whether as a one-off purchase or by subscription) are likely to be affected by such withdrawal, we will inform you in writing at least one months in advance.

You will be refunded in full for any Goods paid for that you will not receive due to their withdrawal.

Refunds will usually be made within 14 working days of receiving the product back, using the same payment method that you used when ordering the Goods

4.7          We make all reasonable efforts to ensure that all prices shown on our Site are correct at the time of going online. We reserve the right to change prices and to add, alter, or remove special offers from time to time and as necessary. All pricing information is reviewed and updated every month. Changes in price will not affect any order that you have already placed

4.8          All prices are checked by us before we accept your Order. In the unlikely event that We have shown incorrect pricing information, We will contact you in writing to inform you of the mistake.

If the correct price is lower than that shown when you made your Order, we will simply charge you the lower amount and continue processing your Order.

If the correct price is higher, We will give you the option to purchase the Goods at the correct price or to cancel your Order (or the affected part of it).  We will not proceed with processing your Order in this case until you respond. 

If we do not receive a response from you within three days, we will treat your Order as cancelled and notify you of this in writing.

4.9          In the event that the price of Goods you have ordered changes between your Order being placed and Us processing that Order and taking payment, you will be charged the price shown on Our Site at the time of placing your Order.

4.10       All prices on Our Site include VAT. If the VAT rate changes between your Order being placed and Us taking payment, the amount of VAT payable will be automatically adjusted when taking payment.

4.11       Delivery charges are not included in the price of Goods displayed on Our Site.  For more information on delivery charges, please refer to Shipping policy – Ecobriel

Delivery options and related charges will be presented to you as part of the order process.

5.              Orders – How Contracts Are Formed

5.1          Our Site will guide you through the ordering process. Before submitting your Order you will be given the opportunity to review your Order and amend it. Please ensure that you have checked your Order carefully before submitting it.

5.2          If, during the order process, you provide Us with incorrect or incomplete information, please contact Us as soon as possible. 

If we are unable to process your Order due to incorrect or incomplete information, we will contact you to ask to correct it. If you do not give us the accurate or complete information within a reasonable time of Our request, We will cancel your Order and treat the Contract as being at an end.

If We incur any costs as a result of your incorrect or incomplete information, We may pass those costs on to you.

5.3          No part of Our Site constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that We may, at Our sole discretion, accept.

Our acknowledgement of receipt of your Order does not mean that we have accepted it. Our acceptance is indicated by Us sending you an Order Confirmation by email. 

Only once We have sent you an Order Confirmation will there be a legally binding Contract between Us and you.

5.4          Order Confirmations shall contain the following information:

5.4.1      Your Order Number;

5.4.2      Confirmation of the Goods ordered including full details of the main characteristics of those Goods;

5.4.3      Fully itemised pricing for the Goods ordered including, where appropriate, taxes, delivery and other additional charges;

5.4.4      Estimated delivery date(s);

5.5          In the unlikely event that We do not accept or cannot fulfil your Order for any reason, We will explain why in writing.  No payment will be taken under normal circumstances.  If We have taken payment any such sums will be refunded to you as soon as possible and in any event within 30 days.

5.6          Any refunds due under this Clause 5 will be made using the same payment method that you used when ordering the Goods.

6.              Payment

6.1          Payment for Goods and related delivery charges must always be made in advance. 

6.2          We accept all major credit cards (other than Amex) as methods of payment on Our Site. We also accept PayPal, Shop Pay, Apple Pay and Google Pay, Bancontact and iDEAL

6.3          If any payment due to Us is not made on time, We may charge you interest on the overdue sum at the rate of 8%% above the base lending rate of Monzo Bank.  Interest will accrue on a daily basis from the due date until the actual date of payment of the overdue sum, whether before or after judgment. Any interest due must be paid at the same time as the overdue sum.

6.4          If you do not make any payment due to Us within 7 days of Us reminding you that it is due, We may suspend delivery of the Goods as provided herein.  If you still have not made payment within 7 days of Our reminder, We may cancel the Contract.  Outstanding sums (including interest) will remain due and payable and will not be affected by cancellation.

6.5          If you believe that We have charged you an incorrect amount, please contact Us as soon as reasonably possible to let us know.  You will not be charged interest as above.

7.              Delivery, Risk and Ownership

7.1          All Goods purchased through Our Site will normally be delivered within 21 calendar days after the date of Our Order Confirmation unless otherwise agreed or specified during the Order process (subject to delays caused by events outside of Our control, for which see below);

7.2          If for any reason we are unable to deliver the Goods to your chosen delivery address, we will leave a note informing you that the Goods have been returned to our premises with instructions for arranging re-delivery.

If you do not collect the Goods or arrange for re-delivery, we will contact you to ask for further instructions. We may charge you for storage costs and for re-delivery.

If we cannot contact you despite our reasonable efforts, or we cannot arrange re-delivery or collection, we may end the Contract and issue you with a refund but may deduct a reasonable sum in compensation for any net costs incurred by us as a result.

7.3          In some limited circumstances We may need to suspend the delivery of Goods to you for one or more of the following reasons:

7.3.1      To fix technical problems with the Goods or to make necessary minor technical changes;

7.3.2      To update the Goods to comply with relevant changes in the law or other regulatory requirements;

7.3.3      To make more significant changes to the Goods.

7.4          If We need to suspend delivery of the Goods for any of the reasons set out above, We will inform you in advance of the suspension and explain why it is necessary (unless We need to suspend delivery for urgent or emergency reasons such as a dangerous problem with the Goods, in which case We will inform you as soon as reasonably possible after suspension.

If suspension lasts (or We tell you that it is going to last) for more than 30 days, you may end the Contract.

7.5          We may suspend delivery of the Goods if We do not receive payment on time for those Goods from you.  .

7.6          Delivery shall be deemed complete and the responsibility for the Goods will pass to you once We have delivered the Goods to the address you have provided.

7.7          Ownership of the Goods passes to you once we have received payment in full of all sums due (including any applicable delivery charges) for those Goods.

7.8          Any refunds due under this Clause will be made using the same payment method that you used when ordering the Goods.

8.              Faulty, Damaged or Incorrect Goods

8.1          By law, We must provide goods that are of satisfactory quality, fit for purpose, as described at the time of purchase, in accordance with any pre-contract information We have provided, and that match any samples or models that you have seen or examined (unless We have made you aware of any differences). If any digital content is included in the Goods, that digital content must also conform. If any Goods you have purchased do not comply and, for example, have faults or are damaged when you receive them, or if you receive incorrect (or incorrectly priced) Goods, please contact Us at info@ecobriel.com as soon as reasonably possible to inform Us of the fault, damage or error, and to arrange for a refund, repair or replacement.  Your available remedies will be as follows:

8.1.1      Beginning on the day that you receive the Goods (and ownership of them) you have a 30 calendar day right to reject the Goods and to receive a full refund or a replacement item if they do not conform as stated above.

8.1.2      If, after a replacement, the Goods still do not conform you may ask Us to attempt another replacement  (you do not have to give Us multiple opportunities to do so if you do not want to), or you have the right either to keep the Goods, or to reject them in exchange for a refund.

8.1.3      If you exercise the final right to reject the goods more than six months after you have received the Goods (and ownership of them), we may reduce any refund to reflect the use that you have had out of the Goods.

8.2          Please note that you will not be eligible to claim under this Clause if We informed you of the fault(s), damage or other problems with the Goods before you purchased them (and it is because of the same issue that you now wish to return them); if you have purchased the Goods for an unsuitable purpose that is neither obvious nor made known to Us and the problem has resulted from your use of the Goods for that purpose; or if the problem is the result of normal wear and tear, misuse or intentional or careless damage. Please also note that you may not cancel or return Goods to Us under this Clause merely because you have changed your mind. If you are a consumer you have a legal right to a 14 calendar day cooling-off period within which you can cancel and return Goods for any reason. 

8.3          To return Goods to Us for any reason, please visit the Returns page on Our Site Refund policy – Ecobriel

8.4          Refunds under this Clause will be made using the same payment method that you used when ordering the Goods

8.5          For further information on your rights as a consumer, please contact your local Citizens’ Advice Bureau or Trading Standards Office.                                                                                                   

9.              Cancelling and Returning Goods if You Change Your Mind

9.1          If you are a consumer, you have a legal right to a “cooling-off” period within which you can cancel the Contract for any reason. This period begins once your Order is complete and We have sent you your Order Confirmation, i.e. when the Contract between you and Us is formed. You may also cancel for any reason before We send the Order Confirmation. 

9.2          If you wish to exercise your right to cancel under this Clause, you must inform Us of your decision within the cooling-off period . 

9.3          Please note that you may lose your legal right to cancel under this Clause 12 in the following circumstances:

9.3.1      If the Goods are sealed for health or hygiene reasons and you have unsealed those Goods after receiving them;

9.3.2      If the Goods consist of sealed audio or video recordings (e.g. CD or DVD) or sealed computer software and you have unsealed the Goods after receiving them;

9.3.3      If the Goods are likely to deteriorate quickly, for example flowers or food;

9.3.4      If the Goods have been personalised or custom-made for you;

9.3.5      If the Goods have been inseparably mixed with other items (according to their nature) after you have received them.

9.4          Please ensure that you return Goods to Us no more than 14 calendar days after the day on which you have informed Us that you wish to cancel under this Clause 12.

9.5           Please visit the returns page on Our Site Refund policy – Ecobriel to complete a returns form.. Please note that you must bear the costs of returning Goods to Us if cancelling under this Clause..

9.6          Refunds under this Clause will be issued to you within 14 business days of the following:

9.6.1      The day on which We receive the Goods back; or

9.6.2      The day on which you inform Us (supplying evidence) that you have sent the Goods back or

9.6.3      If We have not yet provided an Order Confirmation or have not yet dispatched the Goods, the day on which you inform Us that you wish to cancel the Contract.

9.7          Refunds under this Clause may be subject to deductions in the following circumstances:

9.7.1      Refunds may be reduced for any diminished value in the Goods resulting from your excessive handling of them (e.g. no more than would be permitted in a shop).  Please note that if We issue a refund before We have received the Goods and have had a chance to inspect them, We may subsequently charge you an appropriate sum if We find that the Goods have been handled excessively.

9.8          Refunds under this Clause 1 will be made using the same payment method that you used when ordering the Goods unless you specifically request that We make a refund using a different method.

10.          Your Other Rights to End the Contract

10.1       You may end the Contract at any time if We have informed you of a forthcoming change to the Goods that you do not agree to, as described above.

10.2       If We have suspended delivery of the Goods or We have informed you that We are going to suspend delivery for more as described above.

10.3       You also have a legal right to end the Contract at any time if We are in breach of it.  For more details of your legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.

10.4       You will be refunded in full for any Goods paid for that you have not yet received or will not receive due to your cancellation.  Refunds under this Clause will be made within 14 business days of the date on which your cancellation becomes effective, using the same payment method that you used when ordering the Goods.

11.          Our Liability to Consumers

11.1       We will be responsible for any foreseeable loss or damage that you may suffer as a result of Our breach of these Terms of Sale (or the Contract) or as a result of Our negligence. Loss or damage is foreseeable if it is an obvious consequence of Our breach or negligence or if it is contemplated by you and Us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable and we will never be responsible for consequential loss..

11.2       We only supply goods for domestic and private use by consumers.  We make no warranty or representation that the Goods are fit for commercial, business or industrial use of any kind (including resale).  We will not be liable to you for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.

11.3       Nothing in these Terms of Sale seeks to limit or exclude Our liability for death or personal injury caused by Our negligence (including that of Our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.

11.4       Nothing in these Terms of Sale seeks to exclude or limit your legal rights as a consumer. For more details of your legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.

12.          Events Outside of Our Control (Force Majeure)

12.1       We will not be liable for any failure or delay in performing Our obligations where that failure or delay results from any cause that is beyond Our reasonable control.

12.2       If any event described under this Clause occurs that is likely to adversely affect Our performance of any of Our obligations under these Terms:

12.2.1   We will inform you as soon as is reasonably possible;

12.2.2   We will take all reasonable steps to minimise the delay;

12.2.3   To the extent that we cannot minimise the delay, Our affected obligations under these Terms (and therefore the Contract) will be suspended and any time limits that We are bound by will be extended accordingly;

12.2.4   We will inform you when the event outside of Our control is over and provide details of any new dates, times or availability of Goods as necessary;

12.2.5   If the event outside of Our control continues for more than 30 days We will cancel the Contract and inform you of the cancellation.  Any refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible and in any event within 30 days of the date on which the Contract is cancelled;

13.          Communication and Contact Details

If you wish to contact Us with general questions or complaints, you may contact Us by email at info@ecobriel.com, or by post at PO Box 1128 Southsea PO1 9YD.

14.          How We Use Your Personal Information (Data Protection)

We will only use your personal information as set out in Our Privacy Policy, available Privacy policy – Ecobriel

15.          Other Important Terms

15.1       We may transfer (assign) Our obligations and rights under these Terms of Sale (and under the Contract, as applicable) to a third party (this may happen, for example, if We sell Our business).  If this occurs, you will be informed by Us in writing.  Your rights under these Terms of Sale will not be affected and Our obligations under these Terms of Sale will be transferred to the third party who will remain bound by them.

15.2       You may not transfer (assign) your other obligations and rights under these Terms of Sale (and under the Contract, as applicable) without Our express written permission. 

15.3       The Contract is between you and Us.  It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Sale. 

15.4       If any of the provisions of these Terms of Sale are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms of Sale.  The remainder of these Terms of Sale shall be valid and enforceable.

15.5       No failure or delay by Us in exercising any of Our rights under these Terms of Sale means that We have waived that right, and no waiver by Us of a breach of any provision of these Terms of Sale means that We will waive any subsequent breach of the same or any other provision.

15.6       We may revise these Terms from time to time in response to changes in relevant laws and other regulatory requirements. If We change these Terms of Sale as they relate to your Order, We will give you reasonable advance notice of the changes and provide details of how to cancel if you are not happy with them. If you do opt to cancel, you must return any affected Goods you have already received and we will arrange for a full refund (including delivery charges) which will be paid within 30 days of your cancellation.

16.          Law and Jurisdiction

16.1       These Terms of Sale, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with, the law of England & Wales.

16.2       If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing above takes away or reduces your rights as a consumer to rely on those provisions.

16.3       If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England and Wales,