The Brown Corporation Terms & Conditions
Welcome to the THEBROWNCORPORATION.COM terms & conditions. Please read through them carefully before placing your order. By using this website and/or placing an order you agree to be bound by the terms and conditions set out below.
Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.
You must not misuse this Website. You will not: commit or encourage a criminal offence; transmit or distribute a virus, Trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person’s proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as “spam”; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website.
Breaching this provision would constitute a criminal offence under the Computer Misuse Act 1990. The Brown Corporation will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.
Terms of Sale:
By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price. Despatch times may vary according to availability and any guarantees or representations made as to delivery times are limited to mainland UK and subject to any delays resulting from postal delays or force majeure for which we will not be responsible. Please see our Delivery Information for further information. In order to contract with The Brown Corporation you must possess a valid credit or debit card issued by a bank acceptable to us. The Brown Corporation retains the right to refuse any request made by you. If your order is accepted we will inform you by email.
When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods.
The cost of products and services may fluctuate from time to time. All prices advertised are subject to such changes.
Cancelling an Order:
Orders can be cancelled up to seven working days from the day following the receipt of the goods. Where any orders are cancelled the goods should be returned at your expense and unused.
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: This email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you have ordered have been despatched to you. Only those goods listed in the confirmation e-mail sent at the time of despatch will be included in the contract formed.
Pricing and Availability:
Whilst we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled.
If you cancel and you have already paid for the goods, you will receive a full refund. Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the ‘Total Cost’.
Goods will not be despatched until payment has been completed.
We have a secure payment system for your online purchase, via PayPal. Paypal is a secure online payment method, which allows you to pay easily without sharing any of your financial information. Please note that you do not need to have a PayPal account to use your Credit/Debit card via the Paypal site.
Disclaimer of Liability:
The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law The Brown Corporation and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. Nothing above applies to conditions which cannot be excluded in consumer contracts under the provisions of the Unfair Contract Terms Act 1977.
Linking to this Website:
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
You agree to indemnify, defend and hold harmless The Brown Corporation, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of this Website or your breach of the Terms of Service. Variation – The Brown Corporation shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause/sub-clause as is permitted by law.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
Governing Law & Jurisdiction:
These terms and conditions are to be construed in accordance with the laws of England and in the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to the exclusive jurisdiction of the English courts.
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and The Brown Corporation. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of The Brown Corporation.
- Terms of Sale
- Cancelling an Order
- Our Contract
- Pricing and Availability
- Payment Types
- Disclaimer of Liability
- Linking to this Website
- Governing Law & Jurisdiction
- Entire Agreement