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TERMS AND CONDITIONS OF SALE

Please read the following important terms and conditions before you buy anything either instore or online and check that they contain everything which you want and nothing that you are not willing to agree to. Some of these terms only apply if you are a consumer and then only if you order online, some only apply if you are a business. Unless they say otherwise the terms will apply to you.
This Contract sets out:

  • your legal rights and responsibilities;
  • our legal rights and responsibilities; and
  • certain key information required by law.

In this Contract:

  • 'We', 'us' or 'our' means Brierley Guns Limited (registered in England and Wales under company number: 04890585); and
  • 'You' or 'your' means the person using our site to buy goods from us.

If you do not understand any of this Contract and want to talk to us about it, please contact us by:

  • Instore 105 Dudley Road, Brierley Hill, Dudley, West Midlands, DY5 1HD
  • Email - [email protected]; or
  • Telephone - 01384 573410.

1 Definitions


Conditions
  • means our terms and conditions of sale set out in this document;

Contract

  • means the agreement between us and you for the sale and purchase of the Deliverables incorporating these Conditions and the Order;

Consumer

  • means the person who purchases the Deliverables;

Deliverables

  • means the Goods or Services or both as the case may be;

Force Majeure

  • means an event or sequence of events beyond any party's reasonable control (after exercise of reasonable care to put in place robust back-up and disaster recovery arrangements) preventing or delaying it from performing its obligations under the Contract including an act of God, fire, flood, lightning, earthquake or other natural disaster; war, riot or civil unrest; interruption or failure of supplies of power, fuel, water, transport, equipment or telecommunications service; or material required for performance of the Contract; strike, lockout or boycott or other industrial action including strikes or other industrial disputes involving us or our workforce, but excluding the your inability to pay or circumstances resulting in your inability to pay;

Goods

  • means the goods set out in the Order and to be supplied by us to you;

Location

  • means the address for delivery of the Goods as set out in the Order;

Online Contract

  • means on Order placed and accepted via this website or by email;

Order

  • means your order for the Deliverables;

Price

  • has the meaning given in clause7;

Services

  • means the services set out in the Order and to be supplied by us to you;

Supplier

  • means Brierley Guns Limited (company number: 04890585), 105 Dudley Road, Brierley Hill, Dudley, West Midlands, DY5 1HD; and

VAT

  • means value added tax under the Value Added Taxes Act 1994 or any other similar sale or fiscal tax applying to the sale of the Deliverables.

 

2 Introduction

If you buy any goods and/or services from us, you agree to be legally bound by this Contract.

3 Information we give you

Consumers

3.1 By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that we must give you certain key information before a legally binding Contract between you and us is made. If you want to see this key information, please contact us using the contact details above.

3.2 The key information we give you by law forms part of this Contract (as though it is set out in full here).

3.3 If we have to change any key information once a legally binding Contract between you and us is made, we can only do this if you agree to it.

Businesses

3.4 These Conditions apply to and form part of the Contract between us and you. They supersede any previously issued terms and conditions of purchase or supply.

3.5 No terms or conditions endorsed on, delivered with, or contained in your purchase conditions, order, confirmation of order, specification or other document shall form part of the Contract except to the extent that we otherwise agrees in writing.

3.6 Each Order by you to us shall be an offer to purchase the Deliverables subject to these Conditions.

4 Ordering goods and/or services generally

When you place an order, please note the following:

4.1 Any quotation given by us before you make an order for goods and/or services is not a binding offer by us to supply such goods and/or services.

4.2 When you decide to place an order for goods and/or services with us, this is when you offer to buy such goods and/or services from us.

4.3 When you place your order with us, we will acknowledge it but this acknowledgement does not mean that your order has been accepted.

4.4 We do not have to accept your order. If we do this, we will try to tell you promptly why we do not accept your order. This is typically for the following reasons:

(a) the goods are unavailable;
(b) we cannot authorise your payment;
(c) you are not allowed to buy the goods from us;
(d) we are not allowed to sell the goods to you;
(f) there has been a mistake on the pricing or description of the goods; or
(g) you are placing an Order for delivery outside of England and Wales or Scotland.

4.5 Before the purchase of either a firearm or shotgun, the purchaser must produce a valid certificate to prove their eligibility to possess, buy or acquire a firearm or shotgun. The purchaser must also have a certificate to buy ammunition. Without this, an order for a firearm, shotgun or ammunition will be refused.

4.6 When you make certain purchases we are legally obliged to contact the Police to provide them with personal data about you and the firearm you have purchased so that your firearms licence details can be updated.

4.7 If we accept your order, it is at this point a legally binding Contract will be in place between you and us.

4.8 If you are under the age of 18 years old you may not buy certain goods from us.

4.9 Marketing and other promotional material relating to the Deliverables are illustrative only and do not form part of the Contract.

5 Online Contracts

5.1 When you place an order on the website, please read and check your order carefully before finalising it. However, if you need to correct any errors you can do so before submitting it to us.

5.2 When you place your order at the end of the online checkout process, we will acknowledge it by email. This acknowledgement does not, however, mean that your order has been accepted.

5.3 We may contact you to say that we do not accept your order. This is typically for the reasons set out at clause 3.24 above.

5.4 We will only accept your order when we email you to confirm this. At this point a legally binding Contract will be in place between you and us;

5.5 We are not able to accept any orders for the purchase of firearms or shotguns via the website. These orders will only be accepted instore, subject to clauses 4.5 and 4.6 being satisfied.

6 Consumers right to cancel this Contract

6.1 This clause 6 does not apply to you if you are a business.

6.2 You have the right to cancel an Online Contract within 14 days (cooling off period) without giving any reason.

6.3 The cancellation period will expire after 14 days from the day of the purchase.

6.4 To exercise the right to cancel, you must inform us of your decision to cancel the Online Contract by a clear statement (eg a letter sent by post or email) using the contact details noted above and giving details of the goods and/or services ordered.

6.5 To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

6.6 This right also applies to distance Contracts and off-premises Contracts.

7 Effects of cancellation by a consumer

7.1 This clause 7 does not apply to you if you are a business.

7.2 If you cancel the Online Contract, we will reimburse to you all payments received from you.

7.3 If you exercise your right of cancellation after the goods have been delivered to you, you will be responsible for returning the goods to us at your own cost. The goods must be returned in their original condition and packaging to the address stated above. You must take reasonable care to ensure that the goods are well packaged to prevent damage during transit.

7.4 We may make a deduction from the reimbursement for loss in value of any goods and/or services supplied, if the loss is the result of unnecessary handling by you.

7.5 We will make the reimbursement without undue delay, and not later than:

7.5.1 30 days after the day we received back from you any goods supplied; or

7.5.2 (if earlier) 30 days after the day you provide evidence that you have returned the goods; or

7.5.3 if there were no goods and/or services supplied, 30 days after the day on which we are informed about your decision to cancel the Online Contract.

7.6 We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

7.7 If you have received goods:

7.7.1 you shall send back the goods or hand them over to us at our store (address noted above) without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation from the Online Contract to us; and

7.7.2 you are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

7.8 If you do not return the goods as required, we may charge you a sum not exceeding the direct cost of recovering the goods.

8 Price and Payment

8.1 We accept payment via any of the methods shown on our website at the time of your order.

8.2 We accept credit card payment including Visa and Mastercard.

8.3 We will do all that we reasonably can to ensure that all of the information you give us when paying for the goods is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorised access to any information that you give us.

8.4 Your credit card or debit card will only be charged when the goods are dispatched.

8.5 All payments by credit card or debit card need to be authorised by the relevant card issuer.

8.6 Nothing in this clause affects your legal rights to cancel an Online Contract during the cooling off period under Clauses 6 and 7 if you are a consumer.

8.7 The price of the goods:

8.7.1 is in pounds sterling ()(GBP);

8.7.2 includes VAT at the applicable rate; and

8.7.3 does not include the cost of delivering the goods.

9 Delivery

9.1 We use Royal Mail Standard to deliver our goods. If you want to see your delivery options, visit our webpage for more information on delivery before you place your order.

9.2 We only deliver to addresses within England, Wales and Scotland.

9.3 The estimated date for delivery of the goods is set out in the confirmation email.

9.4 If something happens which:

9.4.1 is outside of our control; and

9.4.2 affects the estimated date of delivery; we will let you have a revised estimated date for delivery of the goods.

9.5 Delivery of the goods will take place when we deliver them to the address that you provide when making your order.

9.6 If nobody is available to take delivery, please contact us using the contact details noted above and the relevant carrier will notify you of an alternative delivery date or a place to collect the goods.

9.7 Unless you and we agree otherwise, if we cannot deliver your goods within 30 days and you are a consumer, we will let you know as soon as possible and give you a refund.

9.8 We will not be liable for any loss or damage suffered by you as a result of any reasonable or unavoidable delay in delivery. In this case, we would inform you as soon as possible of the delay.

9.9 You are responsible for the goods when delivery has taken place. In other words, the risk in the goods passes to you when you take possession of the goods.

10 Nature of the goods

10.1 If you are a consumer, the Consumer Rights Act 2015 gives you certain legal rights (also known as statutory rights), for example, the goods:

10.1.1 are of satisfactory quality;

10.1.2 are fit for purpose; and

10.1.3 match the description.

10.2 If you are a business, the goods will comply with their specification but all other warranties and conditions (including the conditions implied by sections 12-16 of the Supply of Goods and Services Act 1982 and sections 13-15 of the Sale of Goods Act 1979 whether expressed or implied by statute, common law or otherwise are excluded to the extent permitted.

10.3 The packaging of the goods may be different from that shown on the website.

10.4 While we try to make sure that all sizes and measurements set out instore or on the website are as accurate as possible, there may be a small tolerance in such sizes and measurements.

10.5 Any goods sold:

10.5.1 at discount prices;

10.5.2 as remnants; or

10.5.3 as substandard; will be identified and sold as such. Please check that they are of a satisfactory quality for their intended use.

10.6 The goods are subject to availability. If we cant supply certain goods we may need to substitute them with alternative goods of equal or better standard and value. In this case:

10.6.1 we will let you know if we intend to do this; and

10.6.2 you can refuse to accept such substitutes, in which case we will offer you a refund or a replacement and let you know how long such an offer remains open for.

11 Carrying out services

11.1 We must carry out the service by the time or within the period which you and we agree (either in store or in writing). If you and we have agreed no time or period, this will be within a reasonable time.

11.2 Our carrying out of the service might be affected by events beyond our reasonable control. If so, there might be a delay before we can complete the service, having made reasonable efforts to limit the effect of any of those events and having kept you informed of the circumstances, but we will try to complete the service as soon as those events have been fixed. An example of an event which might be beyond our reasonable control is if the goods are not delivered at the time agreed with us.

12 Bespoke work

12.1 Any agreement to provide bespoke goods will be subcontracted to a third party in order to be fulfilled.

12.2 Clause 6 does not apply to the order of bespoke goods.

13 Faulty goods and/ or service

13.1 If you are a consumer, nothing in this Contract affects your legal rights under the Consumer Rights Act 2015 (also known as statutory rights). You may also have other rights in law.

13.2 Please contact us using the contact details above, if the goods are not of satisfactory quality or not fit for purpose or do not match their description and you want:

13.2.1 us to repair the goods;

13.2.2 us to replace the goods;

13.2.3 us to repeat the service;

13.2.3 us to fix the service; or

13.2.4 to reject the goods and/or service and get a refund.

13.3 If you are a business, you must inform us of any faulty goods within 5 business days of delivery and at our option we shall repair or replace them. 14 Manufacturers warranty All goods supplied by us are covered by a manufacturers warranty only.

15 Limitations of liability Consumers

15.1 This clause 15.1 only applies if you are a consumer.

15.2 Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury), we are not legally responsible for:

15.2.1 losses that:

(a) were not foreseeable to you and us when the Contract was formed; or
(b) that were not caused by any breach on our part;

15.2.2 business losses; and

15.2.3 losses to non-consumers. Businesses

15.3 The remainder of clause 15 only applies if you are a business.

15.4 The extent of the parties liability under or in connection with the Contract (regardless of whether such liability arises in tort, Contract or in any other way and whether or not caused by negligence or misrepresentation) shall be as set out in the remainder of this clause 15.

15.5 Subject to clauses 15.5 and 15.6, we shall not be liable for consequential, indirect or special losses.

15.6 Subject to clauses 15.5 and 15.6, we shall not be liable for any of the following (whether direct or indirect):

15.6.1 loss of profit;

15.6.2 loss or corruption of data;

15.6.3 loss of use;

15.6.4 loss of production;

15.6.5 loss of Contract;

15.6.6 loss of opportunity;

15.6.7 loss of savings, discount or rebate (whether actual or anticipated); or

15.6.8 harm to reputation or loss of goodwill.

15.7 The limitations of liability set out in this clause 15 shall not apply in respect of any indemnities given by either party under the Contract.

15.8 Notwithstanding any other provision of the Contract, the liability of the parties shall not be limited in any way in respect of the following:

15.8.1 death or personal injury caused by negligence;

15.8.2 fraud or fraudulent misrepresentation;

15.8.3 any other losses which cannot be excluded or limited by applicable law.

16 End of the Contract

If this Contract is ended it will not affect our right to receive any money which you owe to us under this Contract.

17 Disputes

17.1 We will try to resolve any disputes with you quickly and efficiently.

17.2 If you are unhappy with:

17.2.1 the goods;

17.2.3 our service to you; or

17.2.3 any other matter please contact us as soon as possible.

17.3 If you and we cannot resolve a dispute using our internal complaint handling procedure, we will let you know that we cannot settle the dispute with you.

17.4 If you want to take court proceedings, the courts of England and Wales will have exclusive jurisdiction in relation to this Contract.

17.5 The laws of England and Wales will apply to this Contract.

18 Data Protection

18.1 We all use all reasonable endeavours to keep information you provide us with, any details in relation to your order and payment secure.

18.2 We will only use information you provide for the purpose of fulfilling your order, unless we agree with you otherwise.

19 Privacy Policy

19.1 We do not disclose buyers information to third parties other than when order details are processed as part of the order fulfilment, or to the Police as required by law.

19.2 Cookies are used on our website to trace the contents of your shopping cart and to store delivery addresses if you select the remember me option at the checkout. You can turn off cookies within your browser by going to Tools>Internet Options>Privacy and selecting to block cookies. If you turn off cookies, you will be unable to place orders and benefit from the other feature that uses cookies. Data collected by the website is used to:

(a) take and fulfil orders;
(b) administer and enhance the website and service; and
(c) disclose information to third parties for delivery purposes.

20 Third party rights

No one other than a party to this Contract.