Terms & Conditions
1. About these terms and conditions
These terms and conditions set out the basis on which we (Swaine Adeney Brigg) supply our products to you. These terms and conditions also set out the basis on which we allow you to use our websites www.herbert-johnson.com & www.swaineadeneybrigg.com
Please read these terms and conditions carefully as they contain important information. You may want to print and keep a copy of these terms and conditions for your reference (however, please note that we may update the terms and conditions from time to time – the most up to date version will be on our website).
If you do not wish to accept these terms and conditions, you should not use the websites and you should not order products from us.
If you continue to use the websites or if you order products from us, we will take this as your acceptance of these terms and conditions.
2. Ordering products
As you browse our website, you can add the products you want to order to your shopping bag. You can review the contents of your basket at any time by clicking on ‘shopping bag’ in the top menu. If you want to remove items from your basket, you can do so by clicking on the X in the remove column.
Please check this page carefully as you are responsible for ensuring that the information you provide is accurate (for example, the correct product, size, colour, quantity, etc) when you decide to check out.
When you are ready to purchase the products, you need to click the ‘check-out’ button. This will take you to a page where you can review your order. When you are ready to place your order, you need to click to indicate that you accept our terms and conditions and then click on the ‘place order’ button. By clicking the ‘place order’ button, you are making an offer to Swaine Adeney Brigg to purchase the products subject to these terms and conditions.
You will then be taken to an order acknowledgement page and provided with a unique order number. Please note that this is not an acceptance by us of your order but is simply a confirmation that we have received your offer to purchase products from us.
We may accept or reject your order in our absolute discretion.
We will acknowledge acceptance of your order by sending you an email confirming your order and including details of the products we will supply, the estimated delivery date, the address you have provided for delivery, the price of the products (including any delivery and other charges that will apply) and the payment method you have selected. This is the point at which a legally binding contract (incorporating these terms and conditions) comes into existence between us. As such, we recommend that you print and keep a copy of the email (and these terms and conditions) for your reference. Only those products listed in the confirmation email will be included in the contract.
If an item you have ordered is out of stock, we will inform you by email as soon as practically possible. Where all of the items in your order are unavailable, your order will not be processed and a full refund will be made including any delivery charges. Some items are made special order and a lead time will be given. All bespoke requests are special order and a lead time of approximately 6 – 8 weeks should be expected.
3. Prices and payment
The price of the products shall be the price listed on our website on the date of your order. Our prices may change at any time, but price changes will not affect any orders that we have accepted and confirmed with you.
Our prices and delivery charges are inclusive of any applicable VAT at the rate appropriate to the country of receipt within the EU at the point of the transaction. VAT is included within the final prices and delivery charges as shown and, where applicable, is detailed on the checkout screen after the billing country has been selected as well as on the email we send to you confirming your order. As of 4th January, 2011, the UK VAT rate is 20% on all Swaine Adeney Brigg products.
Our prices do not include delivery charges, which are payable by you in addition to the cost of the products. Important information about delivery is set out in the ‘Delivery’ section below.
It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices as part of our dispatch procedures. If we discover that the correct price of the products is less than our stated price, we will refund any over-payment to you. If the products’ correct price is higher than the price stated on our website, we will contact you to tell you and to see if you still want to proceed with your purchase. If the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing, we are not obliged to provide the products to you at the incorrect (lower) price.
Where we are providing products to you, you must make payment for the products in advance by credit or debit card. We currently accept payment with:
Upon receiving your order we will carry out a standard pre-authorisation check on your payment card to ensure there are sufficient funds to fulfil the transaction. No products will be despatched until this pre-authorisation check has been satisfactorily completed.
We will charge your credit or debit card upon placement of the order.
We take the protection of your personal information (including financial information) very seriously. We use encryption software to attempt to prevent unauthorised access to your information and our servers are configured with industry best practise network and system security procedures. However, information transferred across the internet cannot be 100% secure. As such, Swaine Adeney Brigg cannot accept any responsibility or liability for any loss or damage arising from the misuse or loss of data or information submitted by you Swaine Adeney Brigg. Please see section F (Payment Security) of our Customer Service Information page for further details of our payment security procedures.
Please note that timescales for delivery and delivery charges will vary depending on the availability of the products and the delivery address.
We will provide you with an estimated date on which your order will be delivered. We will try to ensure that your order is delivered by this date. However, there may be times when our delivery to you is affected by events outside of our control. If this happens, we will try to resolve the issue as quickly as possible. However, we will not be liable to you for any losses you incur as a result of such delay.
Delivery of your order will be completed when the products are delivered to the address you have provided. The products are your responsibility from this point so please treat them carefully as any damage to them may restrict your ability to receive a refund if you want to return the products – please see our return policy for more details on refunds and returns.
When we deliver your order, you (or the designated recipient of the products if this is not you) will be required to sign for them. This signature will be used as proof that the products have been delivered. For this reason, we are unable to deliver products to PO boxes.
If we are unable to deliver the products to the delivery address, our delivery partner may retain the products and try to make contact with you in order to rearrange delivery or make the products available for you to collect. Any rearranged deliveries may be subject to an additional charge that shall be notified to you.
If, after three attempts to deliver the products to you, we or our delivery partner is unable to deliver them, the products will be held for 5 days at a FedEx depot. If you (or the designated recipient of the products if this is not you) fail to pick up the products during this 5 day period, the products will be returned to Swaine Adeney Brigg and held in our warehouse for redelivery at a later date (at your expense). If you (or the designated recipient of the products if this is not you) fail to contact us to arrange redelivery within 90 days of the first delivery attempt, we reserve the right to dispose of the products as we see fit and will have no further liability to you.
We quote with a shipping guide on our website provided by FedEx. We reserve the right to use a shipper of our choice and at our discretion at the time of dispatch which may not be FedEx.
5. International delivery
If your delivery address is located outside of the UK, the following provisions will apply in addition to those in section 4 above:
We currently deliver to all EC member states excluding the following regions; United Nations buffer zone of Cyprus, Faroe Islands, Greenland, Aland Islands, Martinique, French Guiana, Guadeloupe, Reunion, St Pierre, Miquelon, Islands of Heligoland and Busingen, Mount Athos, Campione d’italia, Lake Lugano and Lvigno, Antilles, the Canary Islands, Ceuta, Melilla, the Channel Islands and Gibraltar.
Delivery to countries outside of the EU are liable for Customs import duty which is collected on their behalf by FedEx on delivery of the goods.
It is your responsibility to check that any products ordered comply with the relevant national, state, or federal laws and regulations of the destination country and that there are not any local law restrictions that may affect the delivery of your products.
Products ordered for delivery in the UK or the EU are subject to VAT at the applicable rate (which is included in the price – please see section 3.2 above for further details).
Products ordered for delivery in non-EU countries are not subject to UK VAT. In relation to these products, you are responsible for the calculation and payment of any and all local taxes, customs and/or duties payable on your order and Swaine Adeney Brigg shall have no responsibility or liability in relation to these.
We quote with a shipping guide on our website provided by FedEx. We reserve the right to use a shipper of our choice and at our discretion at the time of dispatch which may not be Fedex.
6. Information on our website – colour, sizes and availability
The images of the products on our website are for illustrative purposes only. Although we make every effort to display the colours and materials accurately, we cannot guarantee that your computer’s display of the products accurately reflects the colour and materials of the products.
From time to time, certain products on our website may not be available. If you order a product which is unavailable, we will contact you (in accordance with section 2.7 above).
7. Your legal rights
As a consumer, you have legal rights in relation to products that are faulty and in relation to contracts made on-line. These legal rights are not affected by our returns policy or by these terms and conditions. If you live in the UK, advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
Right to cancel the contract
Depending on where you live, you may have a legal right to cancel a contract made by way of distance communication (e.g. on-line). Under the Consumer Protection (Distance Selling) Regulations 2000 (referred to in these terms and conditions as the ‘DSRs’), customers within the EU have the right to cancel a contract made online. This means that during the relevant period (described in section 7.3 below) if you change your mind or for any other reason you decide you do not want to keep a product, you can notify us of your decision to cancel the contract and receive a refund.
Where products are delivered in the UK or Europe, under the DSRs, you have a period of 7 working days, starting from the day after the day you receive the products, within which you may cancel the contract. Working days means that Saturdays, Sundays and public holidays are not included in this period.
To cancel a contract, you must contact us in writing by sending an email to firstname.lastname@example.org. We recommend that you keep a copy of your cancellation notification for your own records. We will then inform you how to return the products.
If you want to exercise your right to cancel the contract and the products have been delivered to you:
You must return the products to us within 7 days of receiving them.
Unless the products are faulty, you will be responsible for the cost of returning the products to us; and
You have a legal obligation to take care of the products while they are in your possession.
If you cancel in this way, you will receive a full refund of the price you paid for the products and any applicable delivery charges you paid to receive the products. We will process the refund due to you as soon as the products are received and checked in our warehouse, and, in any case, within 30 calendar days of the day on which you gave us notice of cancellation. We will refund you on the credit card or debit card used by you to pay.
Details of your legal right to cancel and an explanation of how to exercise it are also provided in the email sent to you confirming your order.
Goods that have been personalised such as embossed leather goods and engraved collar umbrellas are not exchangeable or refundable.
Right to return incorrect or faulty products
You have a legal right to reject products that have been delivered to you in error or that are faulty. If you wish to return products to us because they are incorrect (i.e. not what you ordered) or faulty, please contact us in writing by sending an email to email@example.com.
Where incorrect or faulty items are returned to us, we will cover the cost of the return postage. The process to return an incorrect or faulty product is the same as for general returns – please see section 8 below for further details. Details about this can also be found under ‘return instructions’ on the despatch note.
8. Returns Policy
If you are unhappy with your products, you can return them to us and receive a full refund of the product price provided that you return the product to us in accordance with our returns policy (which is set out in this section 8). Delivery charges are non-refundable unless the products are incorrect or faulty. To return a product you need to:
Notify us of your intention to return items by emailing firstname.lastname@example.org and provide your order number, the item number of the product you want to return.
Please return the goods securely packaged and use a delivery service with signed for and insured shipping.
If your order was delivered outside of the UK, ensure that the package and shipping forms has the original delivery tracking number on it and mark the package and shipping forms “Return of Faulty Goods to UK” to avoid customs taxes.
All returns must be received by us no later than 7 days after the products are delivered to you.
You are responsible for the products until they are received by us at the return address. We recommend that you use a special delivery service with tracking option when returning items and to retain their proof of postage.
All returns must be in perfect condition, and with their original packaging. We are unable to offer any refunds on items that are scratched, stained, damaged, or that are not in their undamaged original packaging. In these situations, the items will be returned to you at your own cost.
You may not return products if they have been worn, altered or damaged (whether as a result of wear and tear, deliberate damage or accidental damage caused by you or when the products were in your care).
9. Our intellectual property rights
We are the owner or the licensee of all intellectual property rights in our website, and in the material published on it. Those works are protected by copyright and other intellectual property laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our website for your personal reference. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of material on our website must always be acknowledged.
You must not use any part of the materials on our website for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy or download any part of our website in breach of these terms and conditions, your right to use our website will immediately cease and you must destroy any copies of the materials you have made.
‘Swaine Adeney Brigg’ is a trademark of Swaine Adeney Brigg or Swaine Adeney Brigg’s group companies.
You may not use these trademarks except for the purpose of referring to Swaine Adeney Brigg or its associated brands lawfully and in good faith.
10. Your personal information
11. Use of our website
Unfortunately, the nature of the internet means that errors, interruptions and delays to the availability of our website may occur at any time. Accordingly, this website is provided on an “as available” basis and we will not be liable if our website is unavailable at any time or for any period.
Access to our website is permitted on a temporary basis and we reserve the right to withdraw or amend the website without notice.
If you register with us, you will be provided with a password to access your account. You must treat your password as confidential and you should not disclose it to anyone. We have the right to disable your password, at any time, if in our opinion you have failed to comply with any of the provisions of these terms and conditions.
We aim to regularly update our website and we may change the content at any time. Any of the material on our website may be out of date at any given time, and we are under no obligation to update such material.
We try to ensure that the information on our website is accurate and complete. However, we do not promise that the content of our website (including any third party content) is accurate or complete and we do not accept any liability arising from any inaccuracy or omission in the information contained on the website.
Commentary and other materials posted on our website are not intended to amount to advice on which you should rely. We are not responsible or liable for any reliance placed on such materials by any visitor to our website, or by anyone who may be informed of any of its contents.
Any contributions or opinions expressed on our website (including in our blogs and social media pages) or on third party blogs or social media sites are the personal opinions of the authors and do not necessarily reflect the views of Swaine Adeney Brigg. We accept no responsibility for any such contributions or opinions.
By posting any content on our website or on Swaine Adeney Brigg’s pages on third party social media sites, you agree to be solely responsible for the content of all information you post. You also grant us a right to use and modify any content you provide for our own purposes (including republication) free of charge.
You must not post any content which is unlawful or which could reasonably be considered to be defamatory or libellous, racist, discriminatory or otherwise offensive. You must not post any confidential material or personal information on our website. We reserve the right not to publish or to remove any content which we believe does not comply with these rules.
Prohibited use of the website
By accessing our website, you agree that you will not use our website:
To create a database (electronic or otherwise) that includes material downloaded or otherwise obtained from our website;
To publish advertisements or for any other commercial purposes;
In such a way so as to remove the copyright or trademark notices from any copies of any material made in accordance with these terms and conditions;
To distribute any unsolicited or unauthorised advertising, promotional materials or spam;
To disseminate any material that contains software viruses or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
In any way that might infringe third party privacy or other rights, is unlawful or that might bring Swaine Adeney Brigg or any of group companies into disrepute; or
To post link(s) that take users to material that contravenes any of the above restrictions.
We try to ensure that our website does not contain or transmit any viruses or other malicious code. However, we are not responsible and we exclude all liability in connection with any damage or loss caused by computer viruses or other malicious code originating or contracted from our website or any website linked to it (to the fullest extent permitted by law). We recommend that you protect yourself with anti-virus software and that you virus check all materials downloaded from our website.
You must not misuse our website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attack our site via a denial-of-service attack or a distributed denial-of-service attack. By doing so, you would commit a criminal offence under the Computer Misuse Act 1990.
Linking to our website/links from other websites
You may link to our home page provided that you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part.
You must not establish a link from any website that is not owned by you.
You must not frame our website on any other website.
We reserve the right to withdraw linking permission without notice.
From time to time, our website may offer automatic links to other websites. As these websites are not subject to our control, we do not endorse or accept any responsibility for their content.
12. Our liability
We do not exclude or limit in any way our liability for:
Death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;
Fraud or fraudulent misrepresentation;
Breach of the terms implied by section 12 of the Sale of Goods Act 1979 (which are your rights to obtain good title to the products and enjoy quiet possession of them);
Breach of the terms implied by sections 13, 14 and 15 of the Sale of Goods Act 1979 (these are legal terms that the products will comply with description, be of satisfactory quality and be fit for purpose); and
Defective products under the Consumer Protection Act 1987.
If we fail to comply with these terms and conditions, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of the terms and conditions or our negligence. We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into the contract.
We only supply our products for domestic and private use. You agree not to use our products for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business or loss of business opportunity.
Swaine Adeney Brigg is not liable to you for any loss or damage that has been caused as a result of you or the recipient not taking, accepting or rearranging delivery of the products within a reasonable amount of time.
Subject to the terms set out above, Swaine Adeney Brigg’s liability to you is limited to refunding the price of the products and services that are the subject of the contract in question.
13. Other important information about the contract between us
The language of the contract is English.
We will not file a copy of the contract between us. We recommend that you save and/or print-off a copy of the contract between us (including these terms and conditions).
14. Separate Sections
Each of the sections set out in these terms and conditions operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining sections will remain in full force and effect.
15. Changes to these terms & conditions
We may make changes to these terms and conditions from time to time. Any changes made will not affect orders that we have accepted prior to the changes taking place.
Every time you order products from us, the terms and conditions in force at that time will apply to the contract between you and us. Please check the website regularly to ensure that you are looking at the most up to date terms and conditions.
16. Governing law
These terms and conditions are governed by English law. This means that any contract for the purchase of products made through our website and any dispute or claim arising out of or in connection with it will be governed by English law.
The courts of England will have exclusive jurisdiction over any dispute or claim.
17. About us
We are Swaine Adeney Brigg Limited, a company registered in England with company number 08150815. Our registered office is Swaine Adeney Brigg (Web Sales) Ltd, 7 Piccadilly Arcade, London SW1Y 6NH
If you want to get in touch with us, you can contact us by email via email@example.com, or in writing at Swaine Adeney Brigg (Web Sales) Ltd, 7 Piccadilly Arcade, London SW1Y 6NH