All rights reserved.
The following terms and conditions apply to all orders for the purchase of goods from the Brooke Shop Online.
Please print a copy of these terms and conditions for your future reference.
- Our contract
If you place an order online to purchase a product from The Brooke we will send you an e-mail confirming receipt of your order and containing the details of your order. Your order represents an offer to us to purchase a product which is accepted by us when we deliver the product to you. Any products on the same order which we have not delivered to you do not form part of that contract.
- Availability and Substitution
The supply of goods from this website is subject to availability and it is not always possible for us to inform you at the time you place your order whether the goods you want are still available for purchase. If you select a card which is sold out, we may carefully choose an alternative. This does not affect your statutory rights. You may return substitute cards if you are not satisfied (see Cancellation and Returns).
- Delivery
All items will be delivered by Royal Mail except for heavy orders which will be sent by courier delivery.
Within the UK, we aim to deliver your cards and gifts within 7 days of your order, but please allow 2 weeks to avoid disappointment. Overseas deliveries may take longer. - Cancellation and Returns
We offer a 21-day no quibbles returns policy which begins from the date you received the goods. If you contact us outside of the 21-day period we will not refund the order (unless defective/damaged). All unwanted goods should be returned in a resaleable condition. This does not affect your statutory rights. For more information on your statutory rights please visit http://www.consumerdirect.gov.uk/.
If you request a refund we will also refund the delivery charges incurred in sending the item to you. You can expect a refund in the same form of payment originally used for purchase.
If you wish to contact us about returns or to make a complaint, call us on 0845 367 0555 or click here. - Losses
We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss even if the loss was reasonably foreseeable to both you and us when you commenced using the website or when the contract for the sale of goods was formed. However, The Brooke does not limit in any way our liability by law for death or personal injury caused from our negligence or breach of duty or caused by our gross negligence or wilful misconduct.
- Alteration of Service or Amendments to the Conditions
We reserve the right to make changes to our website, policies, and these Terms and Conditions of Purchase at any time. You will be subject to the policies and Terms and Conditions of Purchase in force at the time that you use the website or that you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions are deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
- Events beyond our reasonable control
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.
- Governing law and Jurisdiction
These conditions are governed by and construed in accordance with the laws of the England and Wales. You agree, as we do, to submit to the exclusive jurisdiction of the English courts. The Brooke’s VAT registration number is 756469387.
- Definitions
In the context of these terms and conditions, the following words shall have the following meanings: "The Brooke" means the Brooke Hospital for Animals, a charity registered under number 1085760 having its registered office at 30 Farringdon Street, London, EC4A 4HH. "the Website" means any website under the ownership or control of the Brooke from which a link has been created to these terms and conditions; "the Material" means all of the information, data, text, graphics, links or computer code published on, contained or available on the Website; "User" means the individual, firm, company or organisation accessing this website or making an Order;
- Applicable terms and conditions
The Website is owned by the Brooke and any use made of this site (including registrations and donations made via the Website), are subject to these terms and conditions. The Brooke may, at its sole discretion, modify or revise these terms and conditions at any time by updating the text of this page.
- Use of the Website
Anyone is entitled to view any non-password protected parts of the Website and to use for their own purposes the information contained therein, provided:
3.1 it is used for information purposes only, for reproduction for personal use only and not for reproduction on any other website or for commercial gain.
3.2 any links created to the Website are notified to and approved by the Brooke before they are created.
3.3 no part of the Website is copied, stored in a retrieval system, or transmitted in any form or by any means to any third party without the written permission of the Brooke. - Copyright and trade marks
4.1 Copyright in the Material is owned by the Brooke or its content suppliers. Unauthorised use of the Material including reproduction, storage, modification, distribution or republication without the prior written consent of the Brooke or, where applicable, the respective copyright owner(s) is prohibited.
4.2 The names and logos of the Brooke and all related product and service names, designs marks and slogans are the trade names, service marks or trade marks of the Brooke and may not be used without the prior consent of the Brooke.
4.3 All works in the nature of databases attract database rights. - Disclaimer
The website is intended to provide general information only and, as such, should not be considered as a substitute for advice covering any specific situation. Users should seek appropriate advice before taking or refraining from taking any action in reliance on any information contained in this website. So far as permissible by law, the Brooke does not accept any liability to any person relating to the use of any such information. Whilst the Brooke has taken every precaution in compiling this site neither it nor any contributors to the site can be held responsible for any action (or the lack thereof) taken by any person or organisation wherever they shall be based, as a result, direct or otherwise, on information contained in or accessed through this internet site.
- Target audience
The Website is intended for use by UK residents and only in relation to their activities within the UK. It may be inappropriate or dangerous to apply any of the information on the Website to activities outside the UK. The Brooke makes information accessible via the Website in good faith, but the Brooke does not represent or warrant that is accurate, complete or correct. The Brooke has no liability whatsoever in respect of any use which you make of such information except in the case of personal injury or death caused by the negligence of the Brooke. The information provided on this Website has not been written to meet individual requirements and it is your sole responsibility to satisfy yourself prior to using the information in any way for your purposes. Before making any decisions based on the information contained on the Website, you are strongly advised to refer to alternative, independent sources of information to substantiate the basis for your decision.
- Warranty and indemnity
The User warrants to the Brooke that it will not use the Website, the Material or any part thereof for any purpose that is in contravention of any applicable law or regulation or in a manner that will infringe the copyright, trademarks, service marks or other intellectual property rights of third parties or violate the privacy, publicity or other personal rights of others or in any defamatory, obscene, threatening, abusive or hateful manner. The User shall indemnify the Brooke, its employees and agents, harmless against all claims, liability, losses, damages and expenses including, without limitation, legal fees and costs arising out of or incurred as a result of any claims made, or litigation brought, against the Brooke, its employees and agents, as a result of the use by the User of the Website, the Material or any part thereof for whatever purpose, to the fullest extent permitted by law.
- Limitation of liability
The Brooke hereby disclaims all warranties and conditions with regard to the Material and any goods or services supplied in relation to the Website, whether express or implied or statutory (including all implied warranties and conditions of merchantability and fitness for a particular purpose). In no event shall the Brooke be liable for any indirect, punitive, special, incidental, or consequential damages whatsoever even if the Brooke has been advised of the possibility of damages including, without limitation, damages for loss of use, data or profits arising out of or in any way connected with the use or performance of the Website, interruptions or delays to the Website, the provision of or failure to provide services, or for any information, Material, goods and services obtained through the Website or otherwise arising out of the use of the Website, whether based on contract, tort or otherwise to the fullest extent permitted by law.
- Third party websites
The Website contains links to websites operated by parties other than the Brooke. Such links are provided for the User's convenience only. the Brooke does not control such websites, and is not responsible for their content. The Brooke's inclusion of links to such websites does not imply any endorsement of the material on such websites or any association with their operators. The User is solely responsible for evaluating the accuracy and completeness of any information contained on the third party websites, and also the value and integrity of any goods and services offered by such websites.
- Privacy and Data Protection
We will use your personal information to provide you with the services, products or information you have requested, for administration purposes and to further our charitable aims, including for fundraising activities. We may need to share your information with our service providers, associated organisations and agents for these purposes. We only use your personal information for direct marketing purposes if we are allowed to do this by law or if we have your consent. You can change your mind at any time by contacting Supporter Services at The Brooke, 30 Farringdon Street, London, EC4A 4HH. or email info@thebrooke.org
- Viruses
Whilst the Brooke makes all reasonable attempts to exclude viruses from the website it cannot ensure such exclusion and no liability is accepted for damage caused through the downloading of viruses. Therefore, you are recommended to take all appropriate safeguards before downloading information from the Website.
- On-line Transactions
The Brooke reserves the right to vary event registration fees and the prices of any goods or services listed without notice. All event registrations and orders for goods or services are subject to availability and the Brooke reserves the right to refuse to accept any registration and to refuse to supply any goods or services to any individual.
- Encryption
Although the Website uses encryption security software in areas where on line payment details are accepted, the security of information and payments transmitted via the Internet cannot be guaranteed. Any loss incurred or sustained by any User who transmits information by means of e-mail or other Internet links shall be borne solely and exclusively by such User and in no event shall any such loss in whole or part be borne by the Brooke or it's agents.
- Force majeure
The Brooke shall not be held to be in breach of its obligations hereunder nor liable to the User for any loss or damage which may be suffered by another party due to any cause beyond its reasonable control including without limitation any act of God, fire, storm, flood, lightening, disease, strike, trade dispute, act of terrorism, any act or omission of government or regulatory bodies or communications operators.
- General
15.1 If any provisions of these terms and conditions are held to be invalid or unenforceable, the validity or enforceability of the remaining provisions shall not be affected.
15.2 These terms and conditions constitute the entire agreement between the Brooke and the User and supercede all other (prior or contemporaneous) communications and proposals, whether electronic or written, between the User and the Brooke.
15.3 Any failure of the Brooke to exercise or enforce any of its rights under these terms and conditions shall not be deemed to be a waiver of any such rights or operate so as to bar the subsequent exercise or enforcement or any such rights. - Jurisdiction
The terms and conditions and the use by the User of the Website shall be governed by the laws of England and Wales and the parties hereto submit to the exclusive jurisdiction of the English courts in all disputes arising out of or relating to the Website and/or any transactions made on the Website, or these terms and conditions.
- Refunds policy
If you have made a donation in error please contact us on 020 3012 3456. or email info@thebrooke.org, and we will be happy to refund this for you.