Terms of Sale
Our terms and conditions of sale explain the basis by which you (our customer) can purchase any products described on www.brendamacleod.com (Our Site).
Please read these terms carefully and make sure that you understand them before ordering any products from our Site. You must note that before placing an order for products on our Site, you will be asked to agree to these terms. Click on the button marked 'I Accept' to confirm your acceptance of these terms. If you refuse to accept these terms, you will not be able to order any goods from our Site.
INFORMATION ABOUT US
www.brendamacleod.com is a United Kingdom Site operated by Brenda Macleod Designs Limited ('We','us'). We are a limited company registered in Scotland under company number SC450152 and have our registered office at 12 Hope Street, Edinburgh EH2 4DB. Our main trading address is 34 Greenwood Gardens, Milton of Leys, Inverness IV2 6GP. Our VAT registration number is 180558789.
PLACING AN ORDER
By placing an order on our Site, you confirm that you have read these terms and conditions, and that you agree to them. We recommend that you should keep a copy of these terms for future reference.
Every order that you place is an offer to purchase the products listed in your order to us on the terms, we shall accept that offer at our sole discretion without any liability to you.
We usually accept orders if the products are available, the order reflects our current pricing and your debit or credit card is authorised for the transaction. Please note that any products placed in your shopping bag are not reserved and can be purchased by other customers.
An email acknowledging the receipt of your order will be sent to the email address you provided when placing the order. This email will include your order number, details of the products you have ordered, total amount of purchase and your delivery address. It is important to note that this is an acknowledgement of your order and not a confirmation that we have accepted your order.
We have the sole discretion to refuse an order. We would refuse an order if we are unable to obtain authorisation for payment, there are shipping restrictions relating to the delivery address you provide, the item is out of stock, the item has been withdrawn or discontinued, or you do not meet the eligibility criteria set out within these terms. You will be duly notified if we are unable to fulfil your order.
FORMATION OF CONTRACT
You agree that placing an order on our Site is engaging in a contract with Brenda Macleod Designs Limited.
Acceptance of your order and the formation of a contract of sale take place when your order has been dispatched and we have sent you a dispatch email confirming this. The dispatch email will include your order number, details of the products you have ordered, your delivery address and tracking number relating to the delivery method you selected at checkout.
You will be required to register with us by creating an account with a username and password. It is your responsibility to keep this information secure and confidential at all times.
It is important to note that the contract of sale will only relate to those products, which have been confirmed in the dispatch email.
The prices of the goods shown on our Site are in Pound Sterling, Euro or Dollar. All our prices are inclusive of VAT at the applicable rate of 20%. Our prices do not include delivery charges.
All prices remain valid as shown on our Site from time to time. The price of any product displayed on our Site at the time an order is accepted will be honoured, except in the case of obvious error.
All orders are placed with Brenda Macleod Designs Limited, which is a UK entity. If you are a customer whose debit/credit card or payment method is not denominated in British Sterling, your card issuer or payment method provider may therefore apply international bank charges, for which we do not have any control over. Please contact your issuing bank to determine the amount of charges before placing an order with us, if this applies to you.
We reserve the right to amend our prices at any time, but such changes will not affect any order for which we have already sent you a confirmatory dispatch email.
It is always possible that despite our reasonable efforts, some of the products on our Site may be incorrectly priced. We will normally check prices before dispatching any products. It is important to know that we are under no obligation to provide our products to you at an incorrect price, even if we have sent you a confirmatory dispatch email, if the pricing error is very obvious and could have been recognised by you as an error.
Payments for products purchased on our Site can be made by Visa, Visa Electron, Visa Debit, Visa Delta, MasterCard, MasterCard Debit, Maestro UK, Maestro (for Euros), American Express and PayPal. These payment methods will be clearly set out on our Site from time to time.
All payments on our Site are processed by Sage Pay. We do not have any access to your payment information.
Payment for products purchased and delivery charges will be taken at the time you place your order. Your payment must be debited and cleared from your account before we dispatch the products to you.
You confirm that you are authorised to use the debit/credit card or payment method that you provide to us at the time of placing your order on our Site. All debit or credit cards are subject to validation checks and authorisation by their card issuer.
If the issuer of your payment card refuses to authorise payment to us, we will refuse to accept your order and we will not be held liable for the non-delivery of the products you ordered. We will also not be held for any charges imposed on you by your payment card provider as a result of payment being processed in respect of your order.
As all payments for any of our products is received via Sage Pay, we recommend that you read their security policy here.
We may choose to cancel your order without prior notification if we are informed by Sage Pay that your payment card has been flagged or declined by their fraud screening processes.
We take reasonable and due care within our power to keep details of your order and payment secure. However, we can not be held liable for any loss you may suffer if a third party procures unauthorised access to any information you provide when accessing or placing an order on our Site.
INSURANCE AND DELIVERY
Products purchased on our Site will be delivered to you using DHL or Parcelforce. A signature will be required when the products are delivered to you. Ownership of the products passes to you at the time when your payment has been cleared and your order has been dispatched.
All the products purchased on our Site are insured while in transit. Once they have been delivered, the responsibility for the purchased products passes to you.
When your order has been dispatched, you will receive a confirmatory email, which will include a tracking number. You can track and monitor your order using the link in the email.
It is important to know that for security reasons, we will at most times deliver your order to the same address as your billing address at the time of your order. If your billing and delivery address is different at the time of your order, your delivery will be delayed to enable us carry out certain security checks to minimise any risk of fraud. We can not be held liable for any such delays. Note that we will not deliver to a P O Box address.
It is possible that anyone can sign for your delivery at your chosen address, so please track your order and ensure that you are available to sign and collect it in person. We will not be held liable under any circumstances, for a lost or missing order that has been signed for at the nominated delivery address.
Deliveries to UK destinations will take 1- 3 days. Orders received before 3pm GMT will be dispatched on the same day. Orders received after 3pm GMT will be dispatched the next day. This applies Monday - Friday.
Any order received after 3pm GMT on Friday and during Saturday and Sunday, will be dispatched the following Monday.
Deliveries to most countries in Europe will take 3 - 5 days. We use DHL or Parcelforce to make these deliveries.
At the time of placing your order, the standard EU delivery charge will be displayed on the screen, and you will be requested to select this delivery option at checkout.
Orders received before 2pm GMT will be dispatched on the same day. Orders received after 2pm GMT will be dispatched the next day. This applies Monday - Friday.
Any orders received after 2pm GMT on Friday and during Saturday and Sunday will be dispatched the following Monday.
Deliveries to most European countries may be subject to customs delay outside our control.
USA and the Rest of the World
We are able to deliver to most cities in USA and Canada.
Deliveries to USA and Canada will take 5 - 8 days.
Deliveries to the rest of the world will take 5 - 10 days depending on the location of the nominated delivery address.
We use DHL to make these international deliveries.
At checkout, you will only have one option of delivery (our international delivery charge) which you will be required to select before making payment for your purchase.
Please be aware that import duties and taxes may be charged by customs in your country before your purchase is delivered. You are solely responsible for paying these charges. We do not have any control over these charges. When placing an order on our Site, you are considered as the importer of the products and you must comply with all the laws and regulations of the country in which you are receiving the products. It is important to note that if you refuse to accept your order when it arrives in your country , due to import duties or charges, we will charge you for all shipping charges including return shipment costs, custom charges and handling fees.
All our delivery times to UK, Europe, USA and the rest of the world are estimates. In most cases we are able to deliver your purchase within our estimated delivery times. In an event where we anticipate that delivery may be delayed, we will notify you by email accordingly.
All the products displayed on our Site come with a 12 months manufacturer guarantee.
Our handbags are made from natural vegetable tanned leather, which has been carefully selected by us. Vegetable tanned leather has been tanned exclusively with natural tannins of vegetable origin, this gives the assurance that our bags are safe and free from any chrome chemicals.
Over time, as you love and care for your bag, it will become softer and develop a vintage look with warmer rich colour tones. This indicates that the leather used in making your bag is a natural product. No leather is the same as the other, making our bags unique and individual in style. You should take this into consideration before purchasing any of our products. Click here for more information about vegetable tanned leather.
We provide a warranty that products purchased from our Site shall correspond in all material ways with the image and description displayed, be of good quality and be reasonably fit for purpose.
Our warranty does not apply to defects in any of the products you purchase arising from:
- Fair wear and tear.
- Wilful damage, abnormal storage, accident or negligence by you or by any third party.
- your failure to use the products in accordance with our product care recommendations. Click here to view our Product care.
If you change your mind, or for any reason you are not completely satisfied with your purchase, you have a legal right to cancel the contract of sale under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
You can cancel the contract of sale at any time from the date you received the dispatch confirmatory email (the date on which we emailed you to confirm our acceptance of your order), until the end of 14 days after the day you received the products from us.
If you decide to cancel your contract, you must contact our Customer Care team in writing by sending an email to firstname.lastname@example.org. Please note that we do not accept cancellation notification by post.
On receipt, we will email you to confirm that we have received your cancellation notice. We recommend that you keep a copy of the cancellation notice for your own records. Please note that your cancellation is effective from the date you sent us the email.
If you cancel the contract after the products have been delivered to you, it is your responsibility to return the products to us at your own costs. You must return the products to us within 14 days of the effective date of your cancellation notification.
You have a legal obligation to take reasonable care of the products while in your possession, and return it to us in perfect condition, in their original packaging including the branded box and dust bag and with all sale tags intact. We recommend that you use a secure and trackable method to return the products to us and also insure your return, as you will be liable for damage to or loss of the products until we have received them. Be aware that you cannot cancel the contract or return the products to us where they have been opened, used or tampered with. When we receive the products, and are satisfied with the necessary inspection of its condition, we will only refund the amount you paid for the product. No delivery charges will be refunded.
This does not apply if you are retuning the products because they are faulty or not as described.
If you cancel your contract before the products have been dispatched for delivery to you, we will not send out the products, and will refund the full amount you paid at the time of placing the order, including any delivery charges paid.
If you cancel your contract after the products have been dispatched to you, but still in transit (you have not received the products), we will endeavour to recall your delivery. If we are unable to recall it and the delivery has reached you, it is your responsibility to advise the courier that you have cancelled your order and the products should be returned to us. You must not sign for or accept the delivery from the courier. If you sign and receive the delivery, you will be responsible for the cost of insuring and returning the products to us. Furthermore, any refunds made will exclude the delivery charges.
You must be aware that we are only able to make refunds to the same payment method you used at the time of placing your order.
If for any reason you are not completely satisfied with your purchase, you can return it to us for a refund, or an exchange.
You have 14 days from the date of delivery to return the products to us. The products must not be used, and must be returned in their original packaging including the branded box and dust bag and with all sale tags intact. It must be returned in the original box that it was in at the time of delivery to you.
You have a legal obligation to keep the products in your possession and take reasonable care of them until you return them to us. You cannot return products that have been opened, tampered with or used, unless the products are faulty or not as described.
- To return your product to us, simply post it using any preferred courier of your choice.
- Send an email to email@example.com to notify us that you have returned the products to us; you must state your order number, reason for the return and the tracking number in your email.
- We recommend that you retain proof of sending.
You must be aware that you are responsible for the package until it has been delivered to us.
Exchanges are only available for products shipped within the UK. If you request an exchange, you must return the original product to us as per our Returns policy above.
When we receive the returned product, and are satisfied after inspecting it, we will refund the total amount paid against your original order, and create a new order for the exchange item. You will be required to make payment when the new order has been created. We will send you an email requesting that you log into your account and make payment for the exchange product. Once your payment has been successful, your order will be dispatched. Please note that you will not be charged any additional delivery costs.
After we have received your returned product, inspected it and are satisfied with the condition of the product, we will process a refund to the debit/credit card or PayPal account that you used when the order was placed.
Original delivery charges will not be refunded if you cancelled your contract after receipt of the products, see our Cancellation policy above.
We will process the refund due to you as soon as possible, and in any case within 7 days after we received the products.
In an event where we breach these terms and conditions, we shall only be liable for losses that are reasonably foreseeable consequences of such breach. Losses are foreseeable where they could be contemplated by you and us at the time of entering into the contract.
We shall not be responsible for:
- any losses not caused by our breach.
- failure to provide the products or to meet any of our obligations under the contract, where such failure is due to events beyond our control. Events beyond our control include strikes, civil commotion, terrorist attack, floods, storms or earthquakes.
- any loss of profit, loss of business or business interruption where our products are used for commercial purposes. Note that we only supply our products for personal use.
Our total liability to you in connection with each contract will not exceed the value of the products ordered by you under that contract.
Each of the paragraphs of these Terms and Conditions of Sale operate separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
You must note that www.brendamacleod.com is a United Kingdom Site operated by Brenda Macleod Designs Limited, a company registered in Scotland, and these terms and conditions will be governed by the laws of Scotland. This means that a contract for the purchase of products through our Site, and any dispute or claim arising out of or in connection with it will be governed by the laws of Scotland. You and we both agree that the Scottish courts will have non-exclusive jurisdiction.