TERMS & CONDITIONS
1.Terms & Conditions Introduction
1. Terms & conditions introduction
1.1 We operate the website www.brainybear.co.uk (the "Website"). We are Lucky Sparky Limited, a company registered in the United Kingdom under company number 10775461 and with our registered address at 35 Chessington Court, Charter Way, London N3 3DT, UK.
1.2 If you are a consumer then references in these terms and conditions (the "Terms") to "you" are to the individual using our website and purchasing the products detailed on our website ("Products") for private and non-commercial purposes.
1.3 These Terms (together with our Privacy Policy) tell you information about us and the legal terms and conditions on which we sell the Products to you. The Terms, Privacy Policy and Terms of Website Use are together the "Agreement".
1.4 By ordering a Product through this Website, you accept that you are entering into a contract with us under these Terms. People who register with this website establish an "Account", and become "Users". Visitors to this website who do not register with it, but who nevertheless use the Site affirm that they are bound by these Terms each time they access Brainy Bear.
1.5 If you do not agree to these Terms, you must not use this Website.
1.6 Please note, we reserve the right to amend these Terms from time to time.
Placing an Order
2.1 A contract for the purchase of a product is created as follows:
2.1.1 The User places the order on the Site by pressing the order confirmation button at the end of the checkout process.;
2.1.2 By confirming your order, you are agreeing to purchase the product you have selected for your order;
2.1.3 At this point, we take payment for your order by means of your nominated payment method;
2.1.4 We will confirm our acceptance of your order by sending you an “order confirmation email”, which will make the agreement legally binding on you and us. Each order placed will incorporate the Terms and shall be a new and separate contract between you and us;
2.1.5 Once your Order has been despatched for delivery with our Express Delivery option, you will receive a “despatch confirmation email”.
2.2 If your order is rejected we will contact you to confirm this and you will be refunded for your Order. We may reject an order for any of the following reasons:
2.2.1 If we do not have your chosen product in stock;
2.2.2 Where we cannot obtain authorisation for your payment;
2.2.3 If there has been a relevant pricing or product description error;
2.2.4 If your order otherwise breaches any of the requirements of these Terms;
2.2.5 We suspect that the order has been placed fraudulently;
2.3 We cannot make changes or cancel your Order once it has been placed – for further details on our Cancellation Policy, please see Section 6.
Products and pricing
3.1 We endeavour to ensure that every product on Brainy Bear is shown accurately, however, occasionally there may be small variations in colour between screen colours and print colours.
3.2 The prices displayed on the website are subject to change and we reserve the right to change these at any time.
3.3 In rare cases, the price quoted for a Product may be displayed incorrectly. We will aim to rectify any such error as quickly as possible and will notify you of the correct price before you make your payment. We are under no obligation to provide the Product to you at the incorrect price, even after an Order Confirmation Email has been sent, if the pricing error is obvious and unmistakable and could reasonably be recognised by you as a mis-pricing.
3.4 Prices shown on the website are in GBP and are inclusive of Value Added Tax (VAT) at the prevailing rate. You are advised of any delivery charges at checkout, for more information on delivery please see Section 5.
3.5 Lucky Sparky Limited does not cover, and will not be responsible for, the payment of any additional customs or import charges, duties or taxes incurred when the parcel reaches the destination country. Please enquire with your government's import office if you are concerned that your order may incur import taxes when it ships from the UK.
Delivery of products
4.1 The notebooks and notepads sold by us are manufactured and shipped in facilities based in the United Kingdom.
4.2 The cost of the goods includes the price for delivery.
4.3 Delivery charges and times can be consulted on our Shipping & Returns page.
4.4 An estimated number of days of delivery will be given when you place your order. Occasionally our delivery to you may be affected by an Event Outside Our Control, please see ‘Events outside our control’ for further information on this. Dates and times given for delivery are estimates only and we shall not be liable for any delay in delivery. Shipping can take longer due to high number of orders over the holidays.
4.5 Lucky Sparky Limited does not cover, and will not be responsible for, the payment of any additional overseas customs or import charges, duties or taxes incurred when the parcel reaches the destination country. Please enquire with your government's import office if you are concerned that your order may incur import taxes when it ships from the UK.
Refund policy
5.1 If, upon receiving your Product(s), they are damaged or the printing is faulty, you may request a refund or reprint in accordance with clause 7.2 below.
5.2 You can request a refund or reprint in the case of printing faults or damage on your Order within 7 days of the date of receipt of the Product(s). Please email hello@brainybear.com with your order number, a description and clear photograph of the damaged goods and we will consider if you are eligible for a refund or reprint.
5.3 If you choose to receive a refund, we will refund you the total amount you paid for the Product(s) plus any delivery charges you may have paid, within 28 days of the day on which you provide us with evidence that the Product(s) are faulty.
5.4 If you choose to receive a refund for any product(s) in which you did not like and it is (or they are) not damaged or has any printing faults, we will refund you the total amount you paid within 28 days of the day on which you provide us with your refund request. However you will be charged or will take responsibility for the delivery charges to return the product(s) to us.
Returns policy
6.1 If, upon receiving your Product(s), they are damaged or the printing is faulty, you may request a refund or reprint. Please refer to section 5 for further information.
6.2 Non-personalised Product(s) (including Pens) can be returned within 28 days of receipt of the Product(s). The delivery cost for these returns are payable by the customer in exchange for a full refund on the Product within 14 days of receiving the return. The item must be returned in its original condition and packaging. We advise that you obtain proof of postage when returning your product.
6.3 Please note: The above returns policy refers to change of mind only and does not affect the statutory rights you have as a consumer e.g. the right to cancel, or the right to return items, which are faulty or not as described or a general right to return most online purchases under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
Payment & charges
7.1 We Accept all major debit and credit cards from customers in every country including VISA, VISA Debit, MasterCard, Discover, JCB, American Express.
7.2 The total charges for the Products and delivery are listed on the checkout page and on the Order Confirmation Email.
7.3 When submitting your order, you warrant that all the details you have provided are valid and accurate at the time, and that when your order is accepted by us, payment will be made in full.
7.4 If we cannot accept your order for the reasons outlined in Section 2.2 then no charges will be made to your card.
Privacy
8.1 We only use your personal information in accordance with our Privacy Policy. Please take the time to read this.
8.2. Intellectual Property Rights
8.3 All material on our Website is either owned by or licensed to Lucky Sparky Ltd and cannot be redistributed or reproduced without prior permission. This material includes, but is not limited to, designs, photography, text, layout, look and graphics. All worldwide rights are reserved.
8.4 You may not copy, distribute, create any derivative work or commercially exploit the content from Lucky Sparky Ltd, or any of the material found on our Website without our prior express, written permission.
8.5 Unauthorised use of this website and the materials within it may give rise to a claim for damages and/or be a criminal offence.
Links
9.1 Our site contains links to other websites over which we have no control. We do not endorse the contents of those websites and are not responsible for their availability or service. We will not be liable in any way for any loss or damage which you may suffer by visiting or using those websites, you do so at your own risk.
Liability
10.1 We, and any of our members, agents, directors, employees or partners, have no liability to you, whether in contract, tort (including negligence), breach of statutory duty or otherwise, for:
10.1.1 any loss of income or revenue, business, profits or contracts, and anticipated savings;
10.1.2 any loss or corruption of data;
10.1.3 any loss or damage which does not directly result from our failure to comply with this Agreement.
10.2 Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or for fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
Risk and title
11.1 The Products will be at your risk from the time of delivery.
11.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.
Termination
13.1 We reserve the right to terminate this Agreement with immediate effect if you are in breach of any of the terms of the Agreement, or fail to make payment when due.
Events outside control
14.1 We, or any delivery and production service we use, will not be liable or responsible for any failure to deliver, or delay in production or delivery of, the Products that are caused by an Event Outside Our Control, as defined below.
14.2 An "Event Outside Our Control" means any act or event beyond our reasonable control, including but without limitation to, adverse weather conditions (such as snow, flood, storms), strikes or industrial action, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, earthquake, subsidence, epidemic or other natural disaster, road traffic accidents and road closures.
Law and jurisdiction
15.1 These Terms, the Services and each Order and purchase of a Product are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction in relation to disputes arising in connection with these Terms. These Terms are offered in English only.
Engagement with our customer service team
16.1 We will always be polite & friendly to customers who get in touch with us, and ask that you engage with us in the same way. Abusive language and threats will not be tolerated in any communications with us, be it via email, live chat, over the phone, or on Social Media. The use of inappropriate language may prevent us receiving your emails or messages, as these are automatically filtered to remove abusive content.
Promotions
17.1 All promotions are applied to the value of the order, excluding delivery costs and are subject to our general Terms and Conditions.
17.2 All promotional codes must be applied by the Customer prior to completing the order for the discount to be deducted. Promotions cannot be applied to previously placed orders or orders placed after the promotion’s expiry date.
17.3 Unless stated, discounts cannot be combined and only one offer can be applied to any order, including site wide sales. In this case, the better discount will automatically be applied to the Customer's order.
17.4 Lucky Sparky reserves the right to exclude certain products from promotions. See the specific details of the promotion for excluded products.
17.5 Promotional codes are not transferable or redeemable for cash or credit.
17.6 Lucky Sparky reserves the right to amend or withdraw a promotion at any time.
17.7 Lucky Sparky shall not be liable for any financial loss arising out of the refusal, cancellation, or withdrawal of any promotion or any failure or inability of a Customer to take advantage of a promotion for any reason.
16th August 2021