Terms & Conditions
Welcome!
We are glad that you have dropped in to check out our T's & C's as not many people take the time to, to be fair it is quite boring however now you are here, please do read these Terms & Conditions (also abbreviated throughout this site as
T's & C's) carefully.
1. About Us
This website www.brilliant-things-gift.co.uk is owned and operated by:
Trading Name: Brilliant Things Gift (online store).
Address: 223 Ramsgate Road, Margate, Kent, CT9 4EY.
Telephone: 0844 357 0222.
Email: brilliantthingsgift@btinternet.com
Our Promise
To bring you interesting and hopefully brilliant things and gifts, which are fairly sourced and at reasonable prices. We will dispatch orders to our customers as quickly and as efficiently as we can. Wherever possible we try to source materials or products in the UK, however, some products can only be sourced overseas. We will always send new goods to our customers and if after your purchase you do not like what you have received or there is a fault you can send them back and we will happily refund the value of the goods.
2. Making A Contract With Us
2.1 When you place an order with us, you are making an offer to buy goods. We will send you an e-mail to confirm that we have received your order.
2.2 In the unlikely event that the goods are no longer available, or that we have made a pricing mistake, we will advise you of this. You will not receive an e-mail confirming acceptance of your order, and there will be no contract between us.
2.3 Images of products on this website are for illustrative purposes only. Your goods may vary slightly from the image shown on the website and will not include any of the pictured accessories unless stated in the specification of the goods. Whilst goods may be shown assembled they may require assembly by you.
2.4 We have made every effort to display as accurately as possible the colours of our products that appear on this website. However, we cannot guarantee that your monitor's display of any colour will accurately reflect the colour of the actual goods.
2.5 Whilst we try to be as accurate as possible, all information provided is approximate and is provided in good faith.
2.6 This contract is covered by English law.
2.7 By placing an order with us, you agree to and accept these terms, as well as our privacy policy and the terms of website use.
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3. How To Place An Order
3.1 You can use our website to place an order by selecting the product you wish to buy and adding it to your basket/shopping bag. You can increase/decrease/remove items at any time during the order process from your basket/shopping bag.
3.2 If purchasing a quote, the buyer accepts full responsibility for checking the accuracy of that quote.
3.3 The buyer assumes responsibility for the goods being suitable for the purpose for which they are being purchased.
3.4 Carriage charges will be shown prior to you placing your order.
3.5 You will be required to pay for the goods in full at the time of ordering.
3.6 We use SECURE SSL (HTTPS) payment facilities for online purchases. You can pay for your order by PAYPAL.
3.7 Promotional prices only apply during the period stated, we reserve the right to withdraw, substitute or change a promotion at any time. Only one promotion (sale, offer, discount, coupon, voucher) code may be used per order at checkout.
3.8 All prices quoted on our website are in UK Pounds Stirling.
3.9 We are not currently rated for VAT (Value Added Tax) so it is not charged.
3.10 Once your order has been confirmed, changes may not be possible or may incur additional charges or delays.
3.11 Goods which are returned may incur a restocking and handling charge.
3.12 Once your order is complete we will notify you of the dispatch date.
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4. Delivery
4.1 We will deliver stock items to UK mainland addresses normally within 3-5 working days of dispatch. Deliveries may be delayed in accordance with point 4.13.
4.2 Free UK mainland delivery on orders when you spend/chargeable £30.00 or more (excluding discounts/delivery).
4.3 Your order will arrive as a single delivery unless strictly requested where you may be charged extra for separate deliveries.
4.4 We can deliver anywhere in mainland United Kingdom. If your location is not covered, please contact us by email with details of your order and the full delivery address. NOTE: We are not responsible for any Tax, duty, customs or clearance charges, these are to be paid by the buyer. We cannot refund overseas carriage delivery costs.
4.5 We will deliver the goods to the address you specify on your order. We recommend that you are available to take delivery of your order. We will not accept responsibility for loss or damage if the delivery company is instructed to leave the goods unattended.
4.6 Disposal of packing materials is your responsibility, please recycle responsibly wherever possible.
4.7 If there is no one to accept the order on the scheduled delivery date the goods may be returned to the factory and we reserve the right to charge you an additional re-delivery charge.
4.8 If you change the delivery address once the goods have been dispatched to you, we reserve the right to pass on any extra charges made by our carriers for redirecting your delivery, if the carriers are able to make the change. This will delay your delivery.
4.9 Please check the goods on delivery - any goods found to be missing or damaged should be notified to the delivery driver at the time of delivery or ourselves within two working days of delivery of the items in writing/email.
4.10 If the goods are not delivered or have arrived damaged please report this to us within two working days from the delivery day.
4.11 Deliveries are made in accordance with the carrier terms and conditions (HERMES/ROYAL MAIL/DHL but not limited to).
4.12 Sometimes, for reasons beyond our control we may be prevented from delivering your goods as planned. These might include things such as accidents, breakdowns, fire, flood, storm, severe weather, acts of God, war, riot, civil commotion, malicious damage or the default of our suppliers. We are not responsible where this causes a delay or failure in delivering your goods.
4.13 Time is not the essence of the contract unless expressly stated otherwise in writing.
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5. Payment, Returns & Refunds
5.1 This policy does not apply to goods ordered by businesses which are exempt from the Distance Selling Regulations, or the following goods which are exempt from the right to cancel.
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5.2 You do not have to give any reason for cancellation. However, a brief explanation in writing by email will help us to improve the service we offer to customers in the future.
5.2.1 When placing an your order, ALL of the following details - Name/Telephone/Mobile/Email-address must exactly match that of the PayPal account owner, if a refund is necessary PayPal will NOT allow the issue of a refund without further checks being carried out (which will require you to contact PayPal) we cannot do this on your behalf. This is a PayPal security policy you will not automatically receive your refund and you will be liable for any charges made by PayPal.
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5.3 If you cancel, you must return the goods within 14 days of cancellation, complete with the original packaging, unused, unopened to us and/or our supplier (or any other UK address specified by us). Return delivery will be at your own expense. You must ensure that the goods are packaged adequately to protect against damage.
5.4 If you fail to return the goods, we will collect them, and we will charge you the direct cost of collection. If you fail to take reasonable care of the goods before they are returned to us, and this results in damage or deterioration, we will charge you for the reduction in value.
5.4.1 Sale items do not qualify for free returns.
5.5 We reserve the right not to replace any item that has been used (unless faulty), as we will deem this acceptance of the goods.
5.6 We will not be held liable for damaged or lost deliveries.
5.7 We are not liable for any loss of earnings due to late, incorrect or lost deliveries.
5.8 We reserve the right to refuse replacements on any items reported as damaged on arrival/delivery to us outside of two working days. Please refer to points: 4.10 and 4.11.
5.9 There are some goods you can't return if you simply change your mind, including:
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CDs, DVDs or software if you've broken the seal on the wrapping
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perishable and other items that deteriorate rapidly such as food and flowers
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tailor-made or personalised goods
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underwear and earrings
This cancellation policy does not affect your legal rights - for example if goods are faulty or misdescribed.
Handmade Disclaimer
Many of the products we offer are individually handmade, handcrafted or made of a natural material such as but not limited to wood, metal, stone, granite, marble, soap, wax. As a result, products will have subtle variations from one piece to the next, caused by variations in the material used.
The images, descriptions and measurements you will find on our site have been used to best portray the products we sell. We must advise that although we try our utmost to remain completely open and honest, the information due to the nature of our products cannot be 100% accurate. We like to celebrate the unique nature of each and every single product we offer. As well as the desirability that goes with the knowledge that you are buying a one-off, small batch or handcrafted item. However, if you do have any questions or queries regarding a specific product please feel free to get in touch with us.
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6. Faulty Goods Guarantee
6.1 If there is a problem with the goods, please notify us by email or in writing providing details of the problem. In addition, where required/requested you must provide us with a digital photograph of the problem as this saves you having to return the goods for inspection. We will deal with the matter in accordance with your legal rights. Please see points 4.10 and 4.11 for time restrictions.
6.2 All goods are covered by a manufacturer’s warranty against faulty workmanship and materials, subject to the terms and conditions of that warranty.
6.3 The manufacturer’s warranty is provided in addition to the rights that the law says you have as a consumer and accordingly, your statutory rights are not affected.
6.4 If an exchange is necessary, this will be arranged without unreasonable delay and without charge. Replacement goods will not be dispatched until either an indicative digital image is supplied by the customer, or the original goods have been returned and checked. The cost of returning goods to us is your responsibility. If the goods are not faulty, we will return them to you, however, you will be required to cover our reasonable postage costs.
6.5 Within an agreed time-scale we will replace defective goods free of charge, at our discretion, providing that you have returned to us any faulty goods upon request.
6.6 If an item is no longer available we will offer an alternative. However, our liability will be to replace the faulty goods only and we are unable to guarantee an exact match. In this instance, you will have the option of a refund of the items under the warranty claim.
6.7 Where we replace faulty goods you are responsible for their disposal if they have not previously been returned to us.
6.8 We are unable to guarantee an exact colour match due to the nature of many of the products we offer as they are handmade, not mass-produced.
7. Liability
7.1 The products sold on this website have been designed to comply with all relevant UK legislation. We cannot warrant or represent that they comply with any legal requirement outside the UK.
7.2 We do not accept liability for any consequential loss of profit or indirect losses.
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8. Trade or Business Customers
The following conditions apply to orders placed by Trade or Business Customers.
8.1 Orders may not be cancelled except with our mutual agreement and having been confirmed in writing by our company. We reserve the right to make a cancellation and/or restocking charges.
8.2 Claims for missing or damaged items must be made within 2 working days of delivery, in writing/email.
8.3 The buyer accepts full responsibility for checking the accuracy of the goods to be supplied.
8.4 The buyer assumes responsibility for the goods being suitable for the purpose for which they are purchased.
9.0 Website Disclaimer (For Brilliant Things Gift)
This disclaimer details our obligations to you regarding our website. Please read this disclaimer in full before you use this Website. Using the Website implies that you accept the terms of this disclaimer. We do occasionally update this disclaimer so please refer back to them in the future.
10. Use of Website
10.1 You are permitted to use our website for your own purposes and to print and download material from this Website provided that you do not modify any content without our consent. Any and all material on this website must not be republished online or offline without our permission.
10.2 The copyright and other intellectual property rights in all material on this Website are owned by us or our licensors and must not be reproduced without our prior consent.
10.3 Subject to paragraph 10.1, no part of this Website may be reproduced without our prior written permission.
11. Visitor Conduct
11.1 With the exception of personally identifiable information, the use of which is covered under our Privacy Policy, any material you send or post to this Website shall be considered non-proprietary and not confidential. Unless you advise to the contrary we will be free to copy, disclose, distribute, incorporate and otherwise use such material for any and all purposes.
11.2 When using this website you shall not post or send to or from this Website any material for which you have not obtained all necessary consents, is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offence, give rise to civil liability, or otherwise is contrary to the law in the United Kingdom.
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12. Site Availability
We take all reasonable steps to ensure that this Website is available 24 hours every day, 365 days per year. However, websites do sometimes encounter downtime due to servers, service providers and other technical issues. Therefore we will not be liable if this website is unavailable at any time.
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13. Web Links
13.1 Any links to third party websites located on this Website are provided for your convenience only. We have not reviewed each third party website and have no responsibility for such third-party websites or their content.
13.2 If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, any page on this Website and you do not in any way imply that we are endorsing any services or products unless this has been specifically agreed with us in writing.
13.3 If you choose to link to our website in breach of Paragraph 13.2 you shall fully indemnify us for any loss or damage suffered as a result of your actions.
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14. Exclusion of Liability
We take all reasonable steps to ensure that the information on this Website is correct. However, we do not guarantee the correctness or completeness of the material on this Website. Neither we nor any other party (whether or not involved in producing, maintaining or delivering this Website), shall be liable or responsible for any kind of loss or damage that may result to you or a third party as a result of your or their use of our website. This exclusion shall include servicing or repair costs and, without limitation, any other direct, indirect or consequential loss.
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15. Law and Jurisdiction
This Legal Notice shall be governed by and construed in accordance with English law. Any dispute(s) arising in connection with this Legal Notice are subject to the exclusive jurisdiction of England and Wales.
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16. E&OE.
Errors and omissions excepted.