Briar Crest Path | Terms of Use

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[IMPORTANT] Please read the following Terms of Use carefully before registering as a member.
These terms set out your rights and obligations when using this service.
By clicking 'Agree and Register', you confirm that you accept all conditions of these terms.
Introduction These Terms of Use (the 'Terms') govern the conditions under which Briar Crest Path Ltd. ('we', 'us', or 'our') provides shopping services and related services (the 'Service') through the Briar Crest Path website (the 'Site') at briar-crestpath.com. Article 1 – Scope of Application 1. These Terms apply to all users ('you') of the Service and govern the relationship between you and Briar Crest Path Ltd. 2. By using the Service, you are deemed to have agreed to these Terms. Article 2 – Agreement and Amendments 1. We may amend these Terms at any time where we consider it necessary for the operation of the Service. 2. Amended Terms take effect from the moment they are published on the Site. 3. Continued use of the Service after any amendment constitutes acceptance of the revised Terms. Article 3 – Use of the Service You must use the Service in accordance with these Terms and any usage guidelines we separately publish. Article 4 – Eligibility 1. Anyone who complies with these Terms may use the Service. 2. You may access the Service by completing and submitting the required registration form on the Site. 3. You agree that we bear no liability for errors arising from your own negligence or unauthorised use of your account by a third party. 4. If you discover any unauthorised use of your account, you must notify us promptly and follow any instructions we provide. Article 5 – Transfer of Rights 1. You may not transfer, lend, sublicense, or otherwise allow any third party to use your rights as a user of the Service. 2. If we transfer our business to a third party, we may also transfer our contractual position, rights and obligations under these Terms, and your personal data to the transferee. You consent to such transfer in advance. This includes any form of business transfer, including company demergers and other restructurings. Article 6 – Prohibited Conduct When using the Service, you must not: (1) Act in breach of applicable laws or public order and morality, or in a manner likely to do so; (2) Infringe or risk infringing the rights or interests of Briar Crest Path Ltd. or any third party; (3) Damage or disrupt our servers or network infrastructure; (4) Obstruct or risk obstructing the smooth provision or operation of the Service; (5) Use the Service by means of fraudulent use of a payment card; (6) Use the Service by any method other than those we specify; (7) Exploit or disseminate software bugs or vulnerabilities related to the Service; (8) Steal another user's email address or password, or collect personal information of other users including email addresses or social media account details; (9) Register another person's email address, make false declarations, or impersonate another user; (10) Engage in or facilitate criminal activity; (11) Directly or indirectly provide benefits to anti-social forces in connection with our services; (12) Use the Service for commercial solicitation or other profit-making activities; (13) Breach any provision of these Terms; (14) Engage in any other conduct we deem inappropriate. Article 7 – Suspension of Access 1. We may immediately suspend the Service to you and revoke your access rights, without obligation to disclose our reasons, if we determine that any of the following applies: (1) You have provided false information during registration; (2) You have previously breached these Terms; (3) You have failed to fulfil payment obligations related to the Service; (4) You have engaged in conduct prohibited under Article 6; (5) You have otherwise breached these Terms; (6) We otherwise consider your continued use inappropriate. 2. We accept no liability for any loss you suffer as a result of action taken under this Article. 3. If your breach causes loss to us or any third party, you must compensate the full amount of that loss, including legal costs. You must also resolve at your own expense any complaints, claims, or demands from third parties arising from your breach of these Terms. Article 8 – Suspension or Interruption of the Service 1. We may suspend or interrupt all or part of the Service without prior notice in any of the following circumstances: (1) Maintenance, inspection, or updating of our computer systems; (2) Force majeure events such as earthquakes, lightning, fire, power outages, or other natural disasters making provision of the Service impracticable; (3) Unplanned outages of computer systems or communication lines; (4) Any other circumstance in which we determine that provision of the Service is impracticable. 2. We accept no liability for any loss or damage you suffer as a result of any suspension or interruption of the Service. 3. We may modify the content of, or discontinue, the Service without notice and accept no liability for any resulting loss. Article 9 – Termination of the Service 1. We may terminate all or part of the Service by giving you notice. 2. Such notice takes effect from the moment it is published on the Site. 3. Following termination under paragraph 1, we are released from any obligation to compensate you for losses, costs, or damages arising from that termination. Article 10 – Purchasing Products 1. You may purchase products through the Service. 2. To purchase a product, you must place an order using the method we specify; that order constitutes an offer to purchase. 3. When you place an order, we will send you an order confirmation email. Regardless of your chosen payment or delivery method, a binding contract of sale is formed when we hand the product to the carrier. Where multiple products are ordered together but dispatched separately, a separate contract is formed for each product when it is handed to the carrier. Article 11 – Cancellation and Withdrawal 1. As a general rule, orders cannot be cancelled or amended after placement. However, you may cancel or amend an order online before we begin dispatch preparation. 2. Notwithstanding the above, we may cancel or rescind a completed contract of sale without prior notice in any of the following circumstances: (1) You have breached these Terms; (2) Your nominated payment card has been declined by the card issuer; (3) Circumstances arise that give us reasonable grounds to doubt your ability to pay; (4) We are unable to deliver because the address is unknown or you are absent for an extended period; (5) Payment by deferred payment method is not confirmed; (6) False information has been identified in the personal details you provided; (7) The product ordered is subject to a long-term supply delay or has been discontinued (note: a product that was available when ordered may become unavailable during order processing); (8) You have exceeded a purchase quantity limit on a limited-availability product; (9) The correct price of a product is higher than the price displayed on the Site (the correct price is determined at our discretion); (10) We have reasonable grounds to believe you are purchasing for resale or other commercial purposes; (11) A minor has placed an order without the consent of a parent or guardian; (12) We have reasonable grounds to believe that you, your directors, officers, employees, or controlling shareholders fall within any category listed in Article 18(1), or have engaged in any conduct described in Article 18(2). 3. Regardless of the above, where there has been fraudulent or otherwise improper conduct in connection with the Service, we may cancel or rescind the contract and take any other appropriate measures. 4. In the cases described in paragraphs 2 and 3, we may claim compensation from you for losses caused by the rescission. You may not claim compensation from us for any loss you suffer as a result of such rescission. Article 12 – Payment 1. Payment for products purchased through the Service must be made by the method you select from those we offer at the time of ordering. 2. Where payment is made by credit card, the terms of your agreement with your card issuer apply. Any dispute between you and your card issuer must be resolved between those parties; we accept no liability in that regard. Article 13 – Delivery 1. Estimated dispatch times are as stated on the Site. However, these estimates do not apply during periods when stock is unavailable, or during public holidays, and do not constitute a guarantee of delivery within a specified period. 2. Where you order more than one product, we may not be able to dispatch them together, and you accept this. 3. Where you place more than one order, we may not be able to combine them into a single shipment, and you accept this. 4. We deliver within the United Kingdom only. Delivery to certain remote areas may not be possible due to logistical or product-specific reasons. Article 14 – Transfer of Ownership Ownership of all products purchased through the Service passes to you when we hand the product to the carrier, regardless of your chosen payment or delivery method. Article 15 – Returns 1. Returns are not accepted except in cases of damage in transit, non-conformity with the contract, incorrect items, or other circumstances we expressly permit. 2. Returns, exchanges for non-conforming products, and cancellation where exchange is not possible are only available if you notify us within the period we specify after receiving the product. 3. Returns and exchanges must be carried out in accordance with the method we specify. 4. Where a manufacturer changes product packaging, or where outer packaging shows minor marks or scuffs but the product itself has no obvious damage or defect, returns and exchanges will not be accepted. Article 16 – Liability Where we are liable to you in damages, our liability (except in cases of our own wilful misconduct or gross negligence) is limited to the purchase price (including VAT) of the product you purchased. Article 17 – Intellectual Property All intellectual property rights in the Site and the Service belong to us or to third parties who have licensed those rights to us. Permission to use the Service under these Terms does not constitute a licence to use any such intellectual property rights. Article 18 – Anti-Social Forces 1. You warrant to us that, at all times during your use of the Service, neither you nor any of your directors, officers, employees, or controlling shareholders fall into any of the following categories: (1) Organised crime groups, members or associates of organised crime groups, related enterprises, corporate extortionists, or similar persons; (2) Persons who have a relationship with organised crime groups that could be deemed to involve improper use of such groups for personal or third-party gain or to cause harm to third parties; (3) Persons who provide funds or other benefits to organised crime groups; (4) Persons whose management is controlled by organised crime groups; (5) Persons who have socially reprehensible or otherwise close relationships with organised crime groups. 2. You warrant to us that, at all times during your use of the Service, neither you nor any third party acting on your behalf will: (1) Make violent demands; (2) Make unreasonable demands beyond legal liability; (3) Use threatening language or violence in connection with any transaction; (4) Spread false rumours, use deception or intimidation to damage our reputation or that of a third party, or obstruct our business or that of a third party; (5) Engage in any conduct equivalent to the above. Article 19 – Limitation of Liability 1. We accept no liability for communication failures, system issues, maintenance outages, or other disruptions caused by your internet service provider or mobile carrier. 2. Where a product is non-conforming at the time of dispatch, our liability is limited to the purchase price of that product. We accept no liability for indirect losses or lost profits arising from non-conformity. 3. Products must be used in accordance with the instructions provided; we accept no liability for loss arising from improper use. 4. Colours and appearance of products may differ from on-screen representations due to monitor settings; you accept this. 5. Where your use of the Service causes loss to another user or a third party, you must resolve that matter at your own cost and expense. 6. Where we are required to notify you, we fulfil that obligation by sending a communication to your registered address or email address. 7. We fulfil our delivery obligation by dispatching the product to the delivery address you specified when placing your order. 8. We accept no liability for loss arising from our emails failing to reach you, or from delivery delays or failures, where these result from your own failure to keep your details up to date. 9. Delivery delays or failures may occur due to natural disasters such as earthquakes or storms, or due to civil unrest, terrorism, or other force majeure events; you accept this. We accept no liability for any resulting loss. 10. We make no warranty as to the completeness, accuracy, reliability, or usefulness of any information obtained through the Service. Article 20 – Costs 1. You are responsible for all costs of equipment and communications necessary to access the Service, including telephone and internet charges. 2. VAT and any other taxes or levies applicable to your use of the Service or to fees payable under these Terms are your responsibility. Article 21 – Personal Data The handling of your personal data by Briar Crest Path Ltd. is governed by our Privacy Policy, available at briar-crestpath.com/guide/privacy.php. By using the Service, you consent to the handling of your personal data in accordance with that policy. Article 22 – Access Logs We may record access logs including IP addresses, device information, user agent strings, and the date and time of access. We may disclose such logs, together with relevant personal data, to law enforcement, regulatory authorities, bar associations, or other public bodies where a crime has been committed or there are reasonable grounds to suspect one, or where we receive a lawful request. In such cases, we are released from any liability to you arising from that disclosure. Article 23 – Severability If any provision or part of these Terms is found to be invalid under applicable law, the remaining provisions continue in full force and effect. Article 24 – Dispute Resolution Where a dispute arises in connection with the Service that cannot be resolved under these Terms, both parties will endeavour in good faith to resolve it by negotiation. Article 25 – Governing Law and Jurisdiction 1. These Terms are governed by and construed in accordance with the laws of England and Wales. 2. Any dispute arising under or in connection with these Terms or the Service shall be subject to the exclusive jurisdiction of the courts of England and Wales. Terms effective date: 17 November 2021 Last revised: 1 May 2024 Recommended browsers For the best experience on this website, we recommend using the latest version of: · Microsoft Edge · Firefox · Google Chrome · Safari Enquiries regarding these Terms Briar Crest Path Ltd. Customer Services +44 20 7946 0823 info@briar-crestpath.com
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