TERMS AND CONDITIONS FOR A&S BRANDS
Effective date: NOVEMBER 2020
- asbrands.co.uk (the “Website”, “Site”) is owned and operated by A&S Brands, hereinafter referred to as (“A&S Brands”, “We”, “Us” “Our”).
- Please read these Terms and Conditions (the “Terms”) carefully before using the Website as they make up a legally binding contract (the “Agreement”) between A&S Brands and You (“You” “Your” “User” or “Users”). Any use of these terminology or other words in the singular, plural, capitalization is taken as interchangeable and therefore as referring to the same.
2.0 ABOUT US
2.1 A&S Brands is a reliable online shop in the UK that sells branded water bottles (and other affiliate products). A&S Brands is registered in Companies house, which make A&S Brands a branch of Companies house.
3.0 CONTACT US
For questions or if you would like to make a complaint, please e-mail us at Info@aandslimited.co.uk or visit 27 Old Gloucester Street, London, United Kingdom, WC1N 3AX
1.0 APPLICATION AND ACCEPTANCE OF THE TERMS
1.1 The expressions “item”, “goods” or “product” in any form they are used in this Terms are reference to products and services provided by A&S Brands through www.asbrands.co.uk.
1.2 By visiting www.asbrands.co.uk and/ or purchasing items from therein (collectively “Service” hereinafter), You acknowledge that any transactions You make (“use/using”) is subject to the Terms below these terms.
1.3 These Terms apply to all users of the Website, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. The terms also apply if You interact with Us through our stores, over the phone, online, via email, through our mobile applications, or otherwise by using the Website or interacting with us on social media.
1.4 You may not use the Service and may not accept the Terms if (a) you are not of legal age (at least 18 years old) to form a binding contract with aandslimited.co.uk, or (b) you are not permitted to receive any Service under the laws of your local countries/regions including the country/region in which you are resident or from which you use the Service.
1.5 Unless otherwise specified, the use of Our Website is free but may contain features that may allow you to make purchases within the Service.
1.6 If You are not a consumer, You confirm that You have the authority to bind any business on whose behalf You use this Website.
1.7 By using aandslimited.co.uk, you are agreeing to be fully bound by these Terms. If you do not accept these terms, do not use this Website.
2.0 PROVISION OF SERVICES
2.1.1 You may be required to register an account (“Account”) on aandslimited.co.uk to make a purchase and use some Service.
2.1.2 Except with A&S Brands’ approval, You are only entitled to register one account on aandslimited.co.uk.
2.1.3 During the Account creation process, You may be required to select a username and password (“Login Information”). The login information is unique to a single account.
2.1.4 You shall not share your Account or the Login Information, nor let anyone else access your account or do anything else that might jeopardize the security of your Account.
2.1.5 You shall solely be responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of the Login Information, including purchases, whether or not authorized by you. You are responsible for anything that happens through your Account. In the event that You have any concerns regarding your Password Details or become aware of any misuse, then You must inform Us immediately (see Contact Us section above).
2.1.6 By registering for an Account or otherwise using the Service, you represent that you are of legal age and you understand and agree to these Terms. If you access the Service from a Social Networking Site (“SNS”), such as Facebook or Google+, you shall comply with its terms of service/use as well as these Terms of Service.
2.1.7 A&S Brands reserve the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claims by a third party that a username violates the third party’s rights.
2.1.8 You agree that all activities that occur under your account (including without limitation, posting any company or product information, clicking to accept any Additional Agreements or rules, subscribing to or making any payment for any services, sending emails using the email account, or sending SMS) will be considered to have been authorized by you.
2.1.9 You acknowledge that sharing your account with other persons, or allowing multiple users outside of your business entity to use your account (collectively, “multiple uses”), may cause irreparable harm to the Website or other Users of the Website. You shall indemnify A&S Brands, our affiliates, directors, employees, agents, and representatives against any loss or damages (including but not limited to loss of profits) suffered because of the multiple uses of your account.
2.2 ACCOUNT RESTRICTION
A&S Brands and Website reserves the right, without prior notice, to restrict access to or use of certain Service (or any features within the Service) subject to other conditions that A&S Brands may impose at our discretion. Further, A&S Brands may reject Your application for registration for any reason.
1.0 ORDER AND ORDER ACCEPTANCE
1.1.1 A&S Brands will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part, we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Website.
1.1.2 You place the order for your products on the Website by pressing the confirm order button at the end of the checkout process. The ‘confirmation’ stage sets out the final details of Your order, and you will be guided through the process of placing an order by a series of simple instructions on the Website.
1.1.3 All orders You place on the Website will be subject to acceptance in accordance with these Terms. Following this, A&S Brands will send You an order acknowledgment email detailing the items You have ordered. Please note that this email is not an order confirmation or order acceptance from A&S Brands. It is only an acknowledgment of Your order and DOES NOT constitute acceptance.
1.2 ORDER ACCEPTANCE
1.2.1 Acceptance of Your order and the completion of the contract between You and Us will take place on dispatch to You of the Products ordered unless We have notified You that We do not accept Your order or You have canceled it (please read Our Returns and refunds policy). Completion of the contract between You and Us will take place when the products ordered have been collected from the store and ready for dispatch.
1.2.2 Non-acceptance of an order may be a result of one of the following:
- Availability of items. In the event that the product you ordered is unavailable, we will inform you of this as soon as possible.
- Our inability to obtain authorization for your payment
- The identification of a pricing or product description error
- If you are placing an order for an item that by law is age-restricted. But by clicking the order confirm button you are also confirming to us that you are of at least the legal age required to purchase the product.
2.1.1 The price of the products shall be the price A&S Brands listed on aandslimited.co.uk
2.1.2 Where A&S Brands have quoted a price for the product other than in accordance with our published price list, the price quoted shall be valid for 30 days only or such lesser time as We may specify.
2.1.3 A&S Brands reserves the right by giving notice to You at any time before delivery, to increase the price of the product to reflect any increase in the cost to Us, which is due to any factor beyond Our control, (which can include [but not be limited to], any foreign exchange fluctuation, alteration of duties, significant increases in the costs of labor, materials or other costs of manufacture), any change in the Delivery Date, quantity or specification for the product which is requested by You, or Your failure to provide us with adequate and /or accurate information or instructions.
2.1.4 The Price is exclusive of any applicable VAT excise, sales or taxes or levies of a similar nature which are imposed or charged by any competent fiscal authority in respect of the product which You shall be additionally liable to pay.
2.2. PRICE COMPARISON
2.2.1 A&S Brands uses a third-party service to compare prices of our branded products against competitors on a daily basis. We track and monitor this analysis to ensure Our prices remain as competitive as possible.
2.3 Online price errors
2.3.1 If We discover an error in the price of items ordered, A&S Brands will inform You as soon as possible (e.g. prior to the items being dispatched). We will provide You the option of reconfirming Your order at the correct price or canceling it. If We are unable to contact You, We will treat the order as canceled. If You choose to cancel and have already paid for the items, You will receive a full refund.
2.3.2 The original prices can be changed more than once. By ‘original price’, we meant the price displayed online on the Website or in the most recent, printed version of the full A&S Brands catalogue (where the item was featured).
3.1 A&S Brands accepts payment through PayPal and Stripes on the Website.
3.2 A&S Brands take payment from Your PayPal account or via Stripe payments at the time we receive Your order, once we have checked Your details and stock availability. Additional Terms and Conditions for payments made by PayPal can be found at https://www.paypal.co.uk (this link will open in a new window). A&S Brands is not responsible for the content of external websites.
3.3 To ensure that Your PayPal account is not being used without Your consent, A&S Brands will validate name, address, and other personal information supplied by You during the order process against appropriate third party databases. By accepting these Terms, You consent to such checks being made. In performing these checks, personal information provided by You may be disclosed to a registered Credit Reference Agency which may keep a record of that information. You can rest assured that this is done only to confirm Your identity. All information provided by You will be treated securely and strictly in accordance with relevant data protection laws.
4.1 At present, A&S Brands only delivers products purchased through the Website to UK addresses.
4.2 After placing your order, you will receive an email confirmation of your order. Delivery of the Goods shall be made to your address as specified in the Customers order on the Delivery Date.
4.3 Once your product has been sent, you will receive another email with a tracking code so you can see the status of your shipment.
4.4 Delivery charges and estimated timescales are specified when You place an order. We make every effort to deliver the items within the estimated timescales, but delays are occasionally inevitable due to unforeseen factors. A&S Brands shall be under no liability for any delay or failure to deliver the products within estimated timescales.
4.5 A&S Brands uses Royal Mail (“Courier Service Provider”) to deliver purchased items. The delivery times of the Courier Service Provider may vary, especially during peak periods.
4.6 You are considered to have accepted the items you purchased 24 hours after delivery. After acceptance, You shall not be entitled to reject the item under any condition which is not in accordance with our refund and return policy.
5.0 DESCRIPTION OF ITEMS
5.1 Each item listed on Our Website is sold subject to its description, which sets out additional specific conditions related to that item including, without limitation, terms, and conditions concerning estimated delivery dates and times, warranties, after-sales service, and guarantees.
5.2 A&S Brands will take all reasonable care to ensure that all details, descriptions, and prices of items appearing on aandslimited.co.uk are correct at the time when the relevant information was entered onto the system. Although A&S Brands aims to keep the Website as up to date as possible, the information including the descriptions of items appearing on the Website at a particular time may not always reflect the position exactly at the moment you place an order. A&S Brands cannot confirm the price of an item until your order is accepted in accordance with PART C paragraph 1 above.
6.0 RETURNS, SUBSTITUTION AND CANCELLATION
6.1 A&S Brands offers refunds, but it is subject to our return and refund policy. Please read our Returns and refunds policy. In the unlikely event that you receive faulty or damaged goods, please refer to Our Returns and refunds policy.
6.2 Sometimes the specifications of items on the Website may change, in which case A&S Brands will do Our best to offer You a similar alternative. We may experience problems with the supply of certain items and may therefore supply a substitute of the same or better quality at the same price. If You are not happy with the replacement or substitute, You can return it in accordance with our Returns and refunds policy.
6.3 Where applicable, You may cancel Your order in accordance with your rights under these Terms.
7.0 WARRANTIES AND LIABILITY
7.1 A&S Brands warrants that the items supplied will at the time of delivery correspond to the description we provided on our Website. All other warranties, conditions, or terms relating to fitness for purpose, quality, or condition of the Goods, whether express or implied by statute or common law or otherwise are excluded to the fullest extent permitted by law.
8.0 INTELLECTUAL PROPERTY
8.1 You acknowledge and agree that all copyright, trademarks, and all other intellectual property rights in all materials and/or content made available as part of Your use of the Website shall remain at all times vested in Us or Our licensors. You are permitted to use this material only as expressly authorized by Us or our licensors.
8.2 You acknowledge and agree that the material and content contained within this website is made available for Your personal non-commercial use only and that You may only download such material and content for the purpose of using this Website. You further acknowledge that any other use of the material and content of this Website is strictly prohibited and You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
9.0 Liability and Indemnity
9.1 Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraudulent misrepresentation, or any other liability, which may not otherwise be limited or excluded under applicable law.
9.2 Subject to paragraph 9.1 above, A&S Brands will use reasonable endeavors to verify the accuracy of any information on the Website, but makes no representation or warranty of any kind express or implied statutory or otherwise regarding the contents or availability of the Website or that it will be timely or error-free, and that defects will be corrected, or that the Website or the server that makes it available are free of viruses or bugs, or represents the full functionality, accuracy, reliability of the Website.
9.3 A&S Brands will not be responsible or liable to You for any loss of content or material uploaded or transmitted through the Website and A&S Brands accepts no liability of any kind for any loss or damage from action taken or taken in reliance on material or information contained on the Site.
9.4 Subject to Section 9.1 above, A&S Brands will not be liable, in contract, tort (including, without limitation, negligence), pre-contract, or other representations (other than fraudulent on negligent misrepresentations) or otherwise out of or in connection with the Terms for any:
- economic losses (including without limitation loss of revenues, data, profits, contracts, business or anticipated savings); or
- loss of goodwill or reputation; or
- loss of privacy and loss of data; or
- Special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under these Terms.
9.5 Notwithstanding the above, subject to Section 9.1 Our aggregate liability (whether in contract, tort, or otherwise) for loss or damage shall, in any event, be limited to a sum equal to the amount paid or payable by you for the item(s) in respect of one incident or series of incidents attributable to the same clause.
9.6 This section 9 does not affect Your statutory rights as a customer, nor does it affect Your contract cancellation rights.
9.7 A&S Brands will take all reasonable precautions to keep the details of Your order and payment secure, but, unless We are negligent, We cannot be held liable for any losses caused as a result of unauthorized access to information provided by You.
10.0 AFFILIATE AND EXTERNAL LINKS
10.1 provide increased value to Our customers, A&S Brands may list affiliate items that we think you will like on the Website, provide external links or resources for You to access. You acknowledge and agree that as You have chosen to use the linked affiliate item(s) or website, A&S Brands is not responsible for the availability of such external sites or resources, and do not review or endorse, and are not responsible or liable, directly or indirectly, for:
- the privacy practices of such websites,
- the content of such websites, including (without limitation) any advertising, content, products, items, or other materials or services on or available from such websites, or resources or
- the use to which others make of these websites or resources, nor for any damage, loss, or offense caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods, or other materials or services available on such external websites or resources.
10.2 You are advised to read the terms and conditions of the provider of the external link.
11.0 DISPUTE RESOLUTION
11.1 If a dispute arises between you and A&S Brands, We strongly encourage you to seek first a resolution by contacting us through the “CONTACT US” section above
11.2 Mandatory Arbitration of Disputes. We each agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services or Content (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and A&S Brands agree that you and A&S Brands are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms.
12.1 When you use the Website, you will see that A&S Brands offers you recommendations, showing items we think you might like and could perhaps miss when you are browsing the Site. Please see our Privacy Notice if you would like more information on how we use your personal data to recommend products to you.
13.0 Governing law
13.1 The Agreement between A&S Brands and You shall be governed by the laws of England and any dispute between A&S Brands and You will be resolved exclusively in the courts of England. English is the only language offered for the conclusion of the contract.
14.0 Miscellaneous Provisions
14.1 A&S Brands shall be under no liability for any delay or failure to deliver items or otherwise perform any obligation as specified in these Terms if the same is wholly or partly caused whether directly or indirectly by circumstances beyond its reasonable control.
14.2 You may not assign or sub-contract any of your rights or obligations under these Terms or any related order for items to any third party unless agreed upon in writing by Us.
14.3 A&S Brands reserves the right to transfer, assign, or sub-contract the benefit of the whole or part of any of its rights or obligations under these Terms or any related contract to any third party.
14.4 If any portion of these Terms is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the other sections of these terms and conditions shall not be affected.
14.5 No delay or failure by A&S Brands to exercise any powers, rights or remedies under these Terms will operate as a waiver of them nor will any single or partial exercise of any such powers, rights, or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing and signed by an authorized representative of A&S Brands.
14.6 These Terms including the documents or other sources referred to in these terms and conditions supersede all prior representations understandings and agreements between You and A&S Brands relating to Your use of this Website (including the order of items) and sets forth the entire agreement and understanding between You and A&S Brands for Your use of this Website.
15.1 A&S Brands will treat all your Personal Data as confidential (although we reserve the right to disclose this information in the circumstances set out below). We will keep it on a secure server and we will fully comply with all applicable privacy regulations and consumer legislation.
15.2 If you would like to read more on how and where we collect or how we use your personal data, please see our Privacy Notice. You can also find out how to stop receiving marketing information.
16.0 TERMS UPDATE
16.1 A&S Brands reserve the right to change these Terms at any time. Any such changes will take effect when posted on the Website (see date at the top) and it is Your responsibility to read the Terms on each occasion You use this Website. Your continued use of the Website shall signify Your acceptance to be bound by the latest Terms.