These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Products from our site.
You should print a copy of these Terms for future reference.
We amend these Terms from time to time as set out in clause 8. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on the 6th November 2015 when we initially implemented these Terms.
These Terms, and any Contract between us, are only in the English language.
1. About Us
1.1 We operate the website https://www.christmas.madebrave.com. We are MADE BRAVE LTD, a company registered in Scotland under company number SC508242 and with our registered and main trading office at Studio 6, The Albus, Brook Street, Glasgow, G40 3AP, United Kingdom.
1.2 Contacting us if you are a Consumer
1.2.1 If you wish to contact us, including because you have any complaints or compliments, you can contact us by e-mailing us at firstname.lastname@example.org.
2. How we use your personal information
3. If you are a Consumer
3.1 This clause 3 only applies if you are a consumer.
3.2 If you are a consumer, you may only purchase Products from our site if you are at least 18 years old.
4. If you are a Business Customer
4.1 This clause 4 only applies if you are a business.
4.2 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Products.
4.3 These Terms and any document expressly referred to in them constitute the entire agreement between you and us and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.
4.4 You acknowledge that in entering into this Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in them.
4.5 You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this Contract.
5. How the Contract is formed between you and us
5.1 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 6.2.
5.2 We will confirm our acceptance to you by sending you an e-mail that confirms that the Products have been ordered (Order Confirmation). The Contract between us will only be formed when we send you the Order Confirmation.
5.3 You acknowledge that once the order is placed with us, any amends requested will incur an additional charge.
6. Our right to vary these Terms
6.1 We amend these Terms from time to time. Please look at the top of this page to see when these Terms were last updated and which Terms were changed.
6.2 Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us.
6.3 We may revise these Terms as they apply to your order from time to time to reflect changes in relevant laws and regulatory requirements.
7. Refund and Cancellation Terms
7.1 This clause 7 only applies if you are a consumer.
7.2 As specified on christmas.madebrave.com, we will delivery the digital goods to you via email in 3-5 working days. This timeframe begins as soon as you receive your confirmation email from us.
7.3 By accepting these terms and conditions, you are acknowledging that a full refund will only be processed if you contact us to cancel your order within the 3-5 working days stated above. In this case, we will not be able to offer any refunds once the order has passed the 5 working day limit.
8. Price of products
8.1 The prices of the Products will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system.
8.2 Prices for our Products may change from time to time, but changes will not affect any order you have already placed.
8.3 The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
9. How to pay
9.1 If you are a new customer to MadeBrave, you can only pay for Products using PayPal & by credit or debit card. If you are an existing MadeBrave customer, you will have the option to pay via invoice.
9.2 We only store the first four and/or last four digits on your credit or debit card. We do not store any card validation codes, PIN numbers, or expiration dates
10. Our liability if you are a Business
10.1 This clause 11 only applies if you are a business customer.
10.2 We only supply the Products for internal use by your business, and you agree not to use the Product for any resale purposes.
10.3 Nothing in these Terms limits or excludes our liability for:
10.3.1 death or personal injury caused by our negligence;
10.3.2 fraud or fraudulent misrepresentation;
10.3.3 breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
10.3.4 defective products under the Consumer Protection Act 1987.
10.4 Subject to clause 11.3, we will under no circumstances whatever be liable to you, whether in contract, delict (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
10.4.1 any loss of profits, sales, business, or revenue;
10.4.2 loss or corruption of data, information or software;
10.4.3 loss of business opportunity;
10.4.4 loss of anticipated savings;
10.4.5 loss of goodwill; or
10.4.6 any indirect or consequential loss.
10.6 Subject to clause 16.3, our total liability to you in respect of all losses arising under or in connection with the Contract, whether in contract, tort/delict (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products.
10.7 Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
11. Our liability if you are a Consumer
11.1 This clause 11 only applies if you are a consumer.
11.2 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.
11.3 We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
11.4 We do not in any way exclude or limit our liability for:
11.4.1 death or personal injury caused by our negligence;
11.4.2 fraud or fraudulent misrepresentation;
11.4.3 any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
11.4.4 any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
11.4.5 defective products under the Consumer Protection Act 1987.
12. Events outside our control
12.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 18.2.
12.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
12.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
12.3.1 we will contact you as soon as reasonably possible to notify you; and
12.3.2 our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
13 Communications between us
13.1 When we refer, in these Terms, to “in writing”, this will include e-mail.
13.2 If you are a consumer you may contact us as described in clause 1.2.
13.3 If you are a business:
13.3.1 Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service or e-mail.
13.3.2 A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at 10.00 am on the third Business Day after posting or if sent by e-mail, one Business Day after transmission.
13.3.3 In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped, sent via recorded delivery, and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
13.3.4 The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
14. Other important terms
14.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
14.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
14.3 This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
14.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
14.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
14.6 If you are a consumer, please note that these Terms are governed by Scots law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by Scottish law. You and we both agree to that the courts of Scotland will have exclusive jurisdiction.
14.7 If you are a business, a Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Scotland.
14.8 If you are a business, we both irrevocably agree that the courts of Scotland shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).