Terms and Conditions
Agreement Between User and www.brands2you.co
1. Definitions
"Consolidation" refers to the multiple
shipments of items, which are combined into a consolidated shipment, and
accordingly, payment of one base charge for the consolidated shipment.
"Delivery address" means your local
mailing or delivery address as registered with the local postal or courier in
your Brands2You profile or such other delivery address as registered at
check-out on the Brands2You website.
"GST" refers to goods
and services tax
and "VAT" refers to Value Added Tax, whichever expression includes any tax, by
whatever name called, of a similar nature that may be substituted for it or
levied in addition to it.
"Item" means the actual
physical package
containing the actual content(s) being shipped or received, as the case may be,
by the merchant(s), the local postal or courier and you, as applicable.
"Member" means the registered Brands2You
member, whose personal particulars and address are as registered with the local
postal or courier at the Brands2You website.
"Merchant" refers to
any online merchants
which ships to a Brands2You source country, which allows the use of an
international credit card and provides the sale of non-prohibited items.
"Our," "We," "Us" and
"The local postal or courier" refers to Brands2You and its registered
carrier/s.
"Self-collection option" means the option
provided by Brands2You in selected countries whereby member elects to collect
the item at a self-collection point, at a post office or designated pickup location.
"Self-collection post office" means the
post office selected by member via the Brands2You website for the
self-collection of the item instead of delivery to his/her local
mailing/delivery address as registered with the local postal or courier on the Brands2You
website.
"Shipment" means the item being shipped
by air express, postal or other method of shipping in any combination to you.
"Brands2You" refers to a service provided
which includes but is not limited to, the provision of online presentment and/or
payment of bills, invoices and renewal of policies on behalf of service
providers, shipping and shopping services as well as other services that may be
introduced from time to time. This service is accessible at the URL www.Brands2You.cpostint.com
"Brands2You source country" refers to the country
which Brands2You has or offers a virtual or physical address, for the purposes
of providing shipping and shopping services, including but not limited to the United
States, UK/Europe, India, Africa and China. The selection of Brands2You source
countries may differ according to your country and may vary as the service
expands or shrinks to suit the requirement of your country.
"Service" refers to a service provided by
Brands2You which allows you to shop at any eligible online merchant's websites,
provided such merchant operates in and ships to a Brands2You source country, and
have their items consolidated or delivered to their local mailing/delivery
address as registered with The local postal or courier on the Brands2You website
or collected by you at a self-collection point.
"Brands2You
address or virtual address"
refers to the address at a Brands2You source country as provided by Brands2You
for the purpose of consolidation or the provision of the Service. Brands2You may
at its discretion change this address or add new addresses from time to time.
"You" and "Your" refers to the
member using this service.
Title headings are
inserted for convenience of
reference only and shall not affect the interpretation of the substantive
provisions of these terms and conditions.
2.
Membership registration, use of website
The Brands2You terms of
use and privacy policy,
found at terms-of-use and privacy-policy respectively,
shall apply to all members and are fully incorporated herein by reference and
must be accepted at the time of joining - it is accepted that when you, the member
join the Brands2You service that you have accepted all of these terms and
conditions in full and in perpetuity. In the event of conflict or ambiguity
between the Brands2You terms of use and privacy policy and these terms and
conditions, these terms and conditions shall prevail. All terms of the merchant
websites apply directly and are not affected by these terms and conditions
unless otherwise stated and specified.
3.
Payment
3.1 You shall promptly confirm and pay
any service
charges as specified in the Brands2You website which include but are not limited
to the following components:
(a) shipping charges;
(b) duties (excise included)
and GST/VAT prevailing from time to time, if applicable; (c) holding fees; (d)
any additional shipping charges, should the item not comply with the specified
guidelines for delivery in order to process the shipping of the item to you;
and (e) any other charges, if applicable, in order to process the shipping
of the item to you.
3.2 You shall promptly
pay all duties and taxes, any
additional charges for customs clearance and any other applicable charges
imposed by any local or government authority of the destination country, before
the item is delivered to your local mailing/delivery address or made available
for self-collection at any self-collection point. Brands2You holds no liability
whatsoever for any un-paid debt to any local authority by its members, however
in such an event Yourpersonalsohopper.com or a DBA directive from
Yourpersonal.com reserves the right to collect these charges directly from your
member account where you have ignored or otherwise avoided paying charges to a
local authority or are in breach of any local law or any other non-specified
legislation - see 3.5 for full details.
3.3 Only payment via
the Brands2You website or
otherwise as may be specified by Brands2You will be accepted.
3.4 All payment must be made in full. The local
postal or courier may detain the item for which such payment has not been made
in full until such time full payment is made. We also reserve the right to
dispose the item in any manner we deem fit in accordance with these terms and
conditions.
3.5 You shall compensate us for the cost
of storage
of the said item, shipping charges, storage charges, duties and taxes incurred
by us, and all claims, damages, fines and expenses incurred if the
shipment/item is deemed prohibited, dangerous and/or illegal. We reserve the
right to dispose the item in any manner we deem fit, if you fail to make
payment of all charges within thirty (30) days of notification to do so. All
fees will be deducted directly from the Brands2You member account or dba
directive doing business with Brands2You - where funds are not available request
for funds will be made. Failure to make payment will result in legal action
against you personally and in any such event we reserve the right to blacklist
you/your name/address/email/card or other until all remaining charges are paid
in full. We reserve the right to refuse service thereafter.
3.6 All credit card, PayPal or other fees for or
through payment services will be automatically deducted from any account
balance you hold with Brands2You.
3.7 An additional
handling charge may be levied on
your member account against any item received in a Brands2You facility belonging
to you if there is insufficient detail or missing information on the delivery
label whether the merchants error or yours. See 5.5
4.
Charges
4.1 The shipping charges will cover
handling,
overseas shipping and local delivery from the Brands2You virtual address to your
local mailing/delivery address or the self-collection point. Please see "shipping
charges", "rates" and "service types" on the webpage www.Brands2You.cpostint.com for more details.
4.2 We will have the right to review the shipping
charges from time to time and make changes thereof without any or prior notice
to you and/or to any third party.
4.3 You acknowledge
that all dutiable items
imported to the destination country are subject to customs duty and/or excise
duty in accordance with the prevailing local customs duties as outlined in
section 3.5.
4.4 The Shipping charges are specified
in the
section "Shipping charges" on the Brands2You website, as may be amended
from time to time, and are based on how the item has been packed by your
merchant.
5.
Member's responsibility
5.1 You shall use the
Brands2You service subject to
the following conditions: (a) you agree to abide by and comply with these terms
and conditions at all times; (b) you agree to abide by and comply with the
privacy policy as a Brands2You member at all times; (c) you agree to submit a
copy of your identification document for verification purposes if requested by
us; and (d) you have provided all information we require in connection with
your registration, and that accurate and complete information has been
provided.
5.2 You shall ensure that items purchased from
merchant's website are not articles prohibited by the country of origin and/or
the country of destination.
5.3 You grant us the
right to disclose specific
information as required by any applicable law, direction of a statutory regulator
or stock exchange or pursuant to a court order.
5.4 Upon your
purchase of the item at the
merchant's website, you shall indicate as your shipping address, your Brands2You
account number and the Brands2You address or virtual address, as may be
applicable as well as the merchant's carrier tracking number as applicable to
ensure that on arrival to our virtual address the item/s are handled in
accordance with both your and our specified process. You may login to Brands2You
to view the applicable shipping address and the tracking details as provided.
5.5 You acknowledge that incomplete or erroneous
information provided by you or your Merchant may result in loss or delay in the
delivery of your item to the provided Brands2You address. For any items which
arrive at our facilities without correct details may be subject to an
additional handling charge.
5.6 We reserve the
right to dispose of the item in
any manner we deem fit without being liable to you or the merchant, if we are
unable to process the item within thirty (30) days of the shipment being
received at the Brands2You address, for any reason.
5.7 You shall
pay directly to the merchant for your
purchase at the merchant's website. This includes the price of your item,
handling and local domestic shipping charges and all applicable taxes
applicable unless you utilise our designated "Tax Free" addresses - see list
available on www.Brands2You
.
5.8 You shall be liable to us and indemnify and
keep us indemnified at all times from and against all demands, claims, action
or proceedings by whomsoever made and against all damages, costs, charges or
expenses (including legal costs on an indemnity basis) incurred, suffered or
sustained by us in connection with the Brands2You service performed for you.
6.
Our responsibility
We will notify you of
the amount you have to pay
for shipping charges, customs clearance charges, GST, VAT or other service
taxes (if applicable) and any other applicable charges as referred to in clause
3.1. Where possible and where this option is applicable. In providing the
service, we act as an independent contractor and we are not an agent of any
merchant(s) or act in any other capacity unless otherwise specifically stated.
7.
Customs regulations, hazardous materials, dangerous goods, prohibited or
restricted articles
7.1 It is your
responsibility to enquire into and
comply with import and export regulations of the origin and destination
country.
7.2 You should refer to the website set up by the
government authorities of the countries of origin and destination for
up-to-date information on customs duties and regulations regarding hazardous
material, dangerous goods, prohibited or restricted articles, and any other
regulatory issue that may affect the item or shipment.
7.3 You agree
that your item or shipment is deemed
unacceptable if:
(a) No customs declaration is made when
required by
applicable customs regulations; and/or (b) it is classified as hazardous
material, dangerous goods, prohibited or restricted articles by IATA
(International Air Transport Association), ICAO (International Civil Aviation
Organisation), any applicable governmental department or authority or other
relevant organisation of the country of origin and/or the destination country.
7.4 You shall be liable for any and all loss or
damage suffered by us and/or any third party as a result of a breach of clause
7.3(a).
7.5 It is not our responsibility to advise you what
is deemed a "dangerous" or "hazardous" item however we have provided a list of
common prohibited items - You may check to view a list of such
unacceptable items which are currently notified to us by the relevant
authorities and/or shipping/logistics partner deems prohibited. This list may
be amended by us and the relevant authorities from time to time. We are not
responsible for the contents of this list and shall not be held liable for any
loss or damage which may be suffered or incurred by you or any merchants as a
result of any inaccuracies or omissions thereof.
7.6 You
acknowledge that additional charges are
applicable for re-direction of the item, made at your request, to another
address other than the local mailing/delivery address provided under Your Brands2You
profile. You also acknowledge and accept that re-direction of an item may not
be possible once injected into a carrier or postal organisation and this is
unwavering.
7.7 You acknowledge that additional
charges are
applicable for re-direction of the Item, made at your request, or return of the
item, if the item is deemed unacceptable for import to the destination country.
You will be notified of these additional charges as they become due and payable
by you. You also acknowledge and accept that re-direction/return of an item may
not be possible from your country and this is unwavering.
8.
Delivery and self-collection
8.1 An item will only
be delivered to one (1)
delivery Address, the self-collection point, as the case may be as stated in
your member account - changing the address mid-transit of your item/s is not
accepted. We hold no liability for such actions and reserve the right to close
your member account without refund of any funds held in that member account.
8.2 We shall make reasonable effort to deliver the
item to you within the stipulated time frame indicated on the Brands2You
website upon check-out of your packages. High security addresses or addresses
in more remote locations may require a longer delivery period. There will be no
deliveries on Saturday afternoons, Sundays and gazetted public holidays. We
shall however not be liable (whether in contract, tort or otherwise) for any
delay in effecting delivery for whatever reasons.
8.3 We will
have the right to refuse delivery or
make the item available for self-collection if any amount owing to us is not
paid in full.
8.4 You agree that the actual/volumetric
weight of
your item may vary up to a maximum of 0.5 kilograms and you will not hold us
accountable for these discrepancies. All weights and volumes checked at our
facilities is final and un-disputable and can be adjusted at any time during
the transport despite merchant weight or volume pre-advice.
8.5 An item shall be delivered to the delivery
address, but not necessarily to the named member personally. Shipment may be
made to letterboxes in accordance with these terms and conditions, but shall
not be made to P.O. boxes.
8.6 An item (regardless
of weight) will be shipped
only after the item has arrived at the Brands2You address and after you have
made all payments due to us in full accordingly.
8.7 We may,
at our sole discretion, perform any of
the following activities on behalf of you in order to facilitate the shipping
of your item:
a) Complete any documents required under
applicable
laws and regulations; (b) act as your forwarding agent for customs and export
control purposes and as a receiver solely for the purpose of designating a
customs broker to perform customs clearance and entry; and (c) re-direct the
shipment to another address upon request by you. All fees will be applicable
for said services and deducted from your member account without notification or
clarification.
8.8 We will attempt to deliver the item
to you by
depositing it in your letterbox if we deem the item to fit in your "letterbox"
or left in a "safeplace". We do not take liability for loss and damage of Item
after it has been delivered to your "letterbox" or left in a "safeplace".
8.9 We do not offer and SMS notification for
deliveries to your country at this time - All tracking is done via the Brands2You
website or you can use the designated carrier web service to track your item
after it has been dispatched to you.
8.10 If you have chosen
a postal or leave safe
delivery option to a letterbox and this letterbox is full or of smaller
dimensions which render the depositing of the item into your letterbox
impracticable or impossible, a delivery advice will be deposited at the
delivery address or in your letterbox at the delivery address, as applicable.
This is delivery/carrier dependant and we cannot verify that this will have
been done in your country.
(a) For all signed for
deliver services please
ensure that you have someone at the address on the day the delivery takes place
to sign for the item - failed deliveries may be returned to the depot of the
service, re-delivered at a cost to you or returned to sender at your cost, Brands2You
if not received/signed for.
8.11 Self-
collection
(a) You may login into your Brands2You account to
select the self-collection point (if available) before the shipping of the item
from the Brands2You address. (b) Upon the delivery of the item to the
self-collection point, an e-mail notification will be sent by us to you. You
agree to collect the item at the self-collection point within the stipulated
period stated in the email notification, failing which we may dispose of
the item in any manner we deem fit without being liable to you and you may be
subject to such additional charges as notified by us to you. (c) We reserve the
right to review, amend or remove the list of self-collection offices or drop
off points from time to time and make changes thereof without any or prior
notice to you and/or any third party.
8.12 Upon receipt or
collection of the shipment or
item, you are advised to check that the item has been received in good order
before signing for the item - after signing you will not be able to make any
claims for damage or loss resulting from the carrier. Any and all claims from
damaged items must be with the carrier directly.
8.13 You
acknowledge and agree that the customs
authorities of the destination country has the right to detain any item for
whatsoever reason they deem appropriate, and that we are not liable for any
consequences of such delay.
8.14 You may login into
your Brands2You account to
check the delivery status of the item or use the carrier web service.
8.15 Re-packing
(a) We may, at our sole
discretion, re-pack the
items before shipping from the Brands2You address to your local mailing/delivery
address or the self-collection point if we consider the items suitable for
re-packing or unsuitable for carriage, so as to reduce the total shipping
charges applicable to such items. (b) in the event of such re-packing, you
shall pay us a re-packing fee for each package re-packed. The relevant fees can
be found on our website. (c) you acknowledge and agree that any such re-packing
of items may render the return, refund or exchange (or any other similar)
policy of the merchant for an item invalid, void or cancelled; and we shall not
be liable to you for any loss, damage or liability which may be suffered or
incurred by you as a result there of. (d) prevent the risk of damage in
transit.
8.16 Shipping on all orders varies from 10-21 working days from receipt of full payment and depends on stock availability from our supplier. At the time of placing your order the item you have chosen may show as available and in stock on our platform, however between the time you add an item to your cart and finalise payment or the order is sent to the supplier the item you have ordered may be out of stock. This is rare and should this happen, we are very sorry and you have the choice to wait until the product becomes available, choose another item which is similar or receive a full refund within 14 working days depending on your payment method. Refunds will normally reflect 3 � 5 working days from the time we refund..
9.
Restricted area
9.1 There is no
delivery to restricted areas.
9.2 There is no
delivery to any restricted areas as
defined by the country of destination.
10.
Clearance of items
10.1 All items imported
are subject to customs
clearance.
10.2 You acknowledge that the customs authorities
will detain dutiable items. You will be informed of the status of the item by a
letter of notification from us, the carrier chosen or from the customs
authorities. The item may be released after examination by the customs
authorities in the presence of you or your representative and on payment of any
charges deemed appropriate by the customs authorities.
10.3 You
acknowledge that the import of
controlled items in the shipment requires the approval from the relevant
customs authority. Items requiring approval or licences from relevant customs
authority will be detained by the said customs authority. You will be notified
about the procurement of an import licence from the customs authority concerned
through the chosen agent. Upon presentation of the licence and payment of any
charges to the relevant customs authority, the item may be released.
10.4 When using the service for shipments from the
USA, for any shipment or item with a value above USD2500 (two thousand and five
hundred United States Dollars), please fill up the shipper's export
declaration (SED) form. Click here (PLEASE
HYPER LINK) for the sample form. Please ensure that all information is
correctly entered to ensure smooth delivery of the item from the United States
to your destination country. Kindly print out the SED form and
send the duly completed form to the local postal or courier, the chosen
carrier, to Brands2You or your customs agent prior to shipping
11.Unclaimed deliveries
11.1 If you fail
or refuse to (i) accept
delivery; (ii) pay for delivery; or (iii) collect the item, or the shipment or
item is deemed unacceptable for any reason, we may at our sole discretion:
a) Where appropriate, contact you to discuss and
agree on an appropriate action to take; (b) use reasonable efforts to return
the item to merchant at your cost; or (c) dispose the item in any manner we
deem fit without being liable to Brands2You for any losses whatsoever.
11.2 Subject to clause 11.1(a), if a re-direction
is required, additional charges are applicable for such re-direction - if
applicable. If no re-direction is possible even if we
12.
Shipment return
12.1 As we only
provide for your item to be
shipped from the Brands2You address to your delivery address, the
self-collection point (as the case may be), We shall not in any way be involved
or concerned with any claim for refund, return, rebate or exchange of any item
in the shipment. For all such items, you will need to liaise and deal directly
with the merchant in respect of any refund, return, exchange, rebate, and
money-back guarantee policy and/or procedure. All refunds, returns, exchanges,
rebates, money-back guarantee policies and/or procedures will be in accordance
with the merchant's policies and procedures.
12.2 For the
return of items, you will need to
provide your own arrangements to send the item back to the merchant, and at
your own cost.
12.3 In the case
of an exchange, you will
provide your own arrangements to send the item back to the merchant, and pay
for the subsequent charges in order to have the item returned to the delivery
address, the self-collection post office or other as specified by you.
In the case of a return of the item to a merchant,
while the item is still in the Brands2You source country as confirmed by us to
you in writing, you can arrange with us for the return of the item to the
merchant. This return will be subject to a service charge and domestic delivery
cost. If however, the merchant provides you with free domestic return, you must
provide us with a return sticker and the relevant instructions to do so in the
same exchange instructing us to return the item to the merchant.
Notwithstanding any free domestic returns as provided by the merchant, you will
be responsible for all service charges as may be notified by Brands2You.
13.
Inspection of item in shipment
We may, at our sole
discretion, but are not be
obliged to, open and inspect for any reason any item in the shipment.
14.
Limitation of liability
14.1 We shall not be
liable for all indirect,
ancillary or consequential loss or damage, including but not limited to the
loss of profits, business and anticipated savings, even if the risk of such
loss or damage was brought to our attention before or after acceptance of the
shipment, including but not limited to our failure to perform any of our
obligations hereunder as a result of circumstances outside our control
including but not limited to the outbreak of war, any governmental act,
explosion, accident, civil commotion, riot, industrial dispute, strike,
lockout, stoppages or restraint of labour from whatever cause whether partial
or general, weather conditions, traffic congestion, mechanical breakdown,
obstruction of any mode of transport or other force majeure, including fire,
flood or any acts of God or other not mentioned above whether in or out of our
control.
14.2 On the condition that we are satisfied that
your claim of loss or damage to the shipment or item or contents thereof is
justified as our fault, our liability for loss of or damage to your item or its
contents thereof shall be limited to the following sums based on your or your merchants
declared value (invoices will be required:
(a)
The full amount of shipping charges paid by you for the item; and
(b)
1% (one percent) of declared value or a maximum $50.00 (fifty United States
Dollars) of the declared value of the item for which or where you have a
justified claim.
14.3 Claims are limited to one
claim per item,
settlement of which will be full and final settlement for all loss or damage in
connection therewith. All such claims must be made within thirty (14) days from
the date of payment. We will review the validity of the claim. We reserve the
right to reject any claim(s) if they are not made by you within the stipulated
time.
14.4 For the avoidance of doubt, all payments
made by us for the purpose of any claims of loss or damage including without
limitation in accordance with this clause 14, shall be in the form of in store
credit, which members can use for the purpose of future use of the services.
You agree that this Brands2You in store credit is an acceptable as full and
final settlement for all claims brought by you.
14.5 Please
note that the optional insurance is
available when you use our shipping services. You may wish to obtain
independent advice from an advisor/expert before proceeding with the purchase
of the insurance. Please log in to our website for further information.
14.6 Warsaw Convention: If the shipment or item is
transported by air and involves an ultimate destination or stop in a country
other than the country of departure, the Warsaw Convention, if applicable,
governs and in most cases limits our liability for loss or damage.
15.
Loss, damage and delay to shipment
We shall not in any
case be liable for any loss,
damage and delay of shipment arising from:
15.1 Any defect in
any item in the shipment,
whether or not known to us at any time before delivery to you;
15.2 incomplete, insufficient, or erroneous entry
of the Brands2You address by you at the merchant's website;
15.3 failure by the merchant to make delivery within
a reasonable time to the relevant Brands2You address;
15.4
failure by any party or the merchant to
provide complete and sufficient information on your shipment item to Brands2You
or make an accurate declaration for customs clearance, regulatory and delivery
purposes;
15.5 insufficient or improper packing or addressing
information of any item in the shipment by your merchant;
15.6 improper packing of any item in the
shipment after having been opened by us for verification whether at the request
of any customs authority or other governmental agencies;
15.7 insufficient or improper packing of any
item in the shipment after having been re-packed by us (whether at your request
or not);
15.8 any alleged delivery from the merchant to
the Brands2You address provided by you, where there is no proof of delivery
furnished by the merchant or their delivery agent and where the receipt of the
item is not signed and acknowledged at the Brands2You addresses;
15.9 Any loss of confidentiality in communications
arising during the shipping;
15.10 electrical or
magnetic damage to, or erasure
of electronic or photographic images or recordings;
15.11 The
hazardous, fragile or brittle nature or
the mechanical derangement of any item in the shipment; or
15.12 failure by you to take delivery of or collect
the shipment after being notified to do so.
15.13 items made from
glass or fragile items
whether packaged correctly or not - we will not accept liability for contents
of said glass containers no matter the declaration, value or content.
16.
Indemnity
You shall indemnify and keep us
indemnified at all
times from and against all demands, claims, actions, proceedings, costs,
charges and expenses including but not limited to customs charges and other
regulatory penalties, storage charges, retrieval and administrative costs,
duties and taxes (including reasonable costs) incurred, suffered or sustained
by us in connection with the Brands2You service performed for you, and pay us
damages, costs and interest in connection with such demand, claim, action, suit
or proceeding.
17. Notices and
claims
17.1 Any notices, demands or any other
correspondences whatsoever shall be deemed to be communicated to you if the
same is sent by email to the address provided under your Brands2You profile, or
such other address as informed to us in writing prior to the dispatching of any
notices, demands or any other correspondence whatsoever. All notices or
correspondence from you to us must be in writing and sent to us at the address
or email specified in this clause.
17.2 All claims
for loss or dam age must be
made within (1) one day (24) Twenty four hours from the date of delivery where
you rejected the consignment noting the rejection on the delivery/consignment
note, failing which we shall have no liability whatsoever. Such claims must be
made in writing, accompanied by the original copy of the consignment note
showing why you rejected the item and a photograph of said damage(if
applicable), any supporting documents, relevant invoices or receipts for that
item and should be submitted online at www.Brands2You
18.
Disclaimer and exclusion of liability
18.1 These terms and
conditions, the Brands2You
service, the information on this website and use of all related facilities are
provided on an "as is", "as available" basis without any warranties
whether express or implied.
18.2 To the fullest
extent permitted by applicable
law, we disclaim all representations and warranties relating to the Brands2You
website and its contents, including but not limited to the implied warranties
of merchantability, fitness for a particular purpose, or course of dealing or
usage of trade. Further, we do not make any representation or warranty in
respect of the accuracy, completeness, availability and suitability of the Brands2You
website and its contents, or any other representation or warranty.
18.3 While we may use reasonable efforts to include
accurate and up-to-date information on this website, we make no warranties or
representations as to its accuracy, timeliness or completeness.
18.4 WE SHALL NOT BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING BUT
NOT LIMITED TO DAMAGES FOR LOSS OF BUSINESS, PROFITS OR ANTICIPATED SAVINGS,
EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), HOWSOEVER
CAUSED, RESULTING FROM OR IN CONNECTION WITH (I) YOUR ACCESS TO, USE OF OR
INABILITY TO USE Brands2You OR ANY RELATED WEBSITE; (II) RELIANCE ON INFORMATION
ON THIS WEBSITE, OR ANY DELAY, INACCURACY IN THE INFORMATION OR IN ITS
TRANSMISSION; AND (III) ANY DELAY OR FAILURE TO DELIVER THE ITEM OR MAKE IT
AVAILABLE FOR SELF-COLLECTION.
18.5 The above
exclusions and limitations
apply only to the extent permitted by law. None of your statutory rights as a
consumer that cannot be excluded or limited are affected.
18.6 We
give no warranty as to the genuineness
or authenticity of any item purchased from any merchant's website(s).
19.
Termination by us
19.1 We reserve the
right to terminate or suspend
this service at any time without assigning any reason.
19.2 Without
prejudice to the generality of the
foregoing, we reserve the right to terminate or suspend your use of the Brands2You
service if:
(a) There is abuse or misuse of the
service by you;
or (b) we are of the reasonable opinion that you have breached any of the terms
and conditions herein contained.
19.3 We shall not
be liable to you or to any
other party for any damages, losses, cost or expenses howsoever caused by or
arising out of such termination or suspension.
20.
Termination by you
20.1 You may terminate
use of the Brands2You service
by giving us at least one (1) calendar month's prior notice in writing to our
address specified in clause 17.
20.2 Your termination
of use of this service shall
not release you from any liabilities or responsibilities which have accrued
prior to the date of termination, including but not limited to your obligation
to pay any outstanding charges.
21.
Assignment and sub-contract
We have the right to
assign or transfer or
sub-contract all or part of our rights or obligations hereunder at our
discretion.
22.
Amendments
We reserve the right to modify these
terms and
conditions from time to time without notice. The revised terms and conditions
will be posted on this website and shall take effect from the date of such
posting. We assume no liability or responsibility for any errors or omissions
in the content of these terms and conditions.
23.
Applicable law and jurisdiction
23.1 We may be accessed
from all countries around
the world where the local technology permits. As each country has differing
laws, by accessing this website both we and you agree that the laws of the United Kingdom and Other, without
regard to
the conflict of laws principles thereof, will apply to all matters relating to
these terms and conditions.
23.2 We and you accept
and agree to submit to the
exclusive jurisdiction of the courts of the United Kingdom and Other in respect
of any dispute or difference arising out of and/or in connection with these
terms and conditions.