Terms and Conditions of Sale
1. DEFINITIONS
1.1 'Buyer' means the individual or organisation who buys or agrees to buy the Goods from the Seller;
1.2 'Consumer' shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
1.3 'Contract' means the contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions;
1.4 'Goods' means the publications that the Buyer agrees to buy from the Seller;
1.5 'Seller' means Brass Wind Publications, 4 St Mary's Road, Manton, Oakham, Rutland, LE15 8SU, UK
1.6 'Terms and Conditions' means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.
2 CONDITIONS
2.1 Nothing in these Terms and Conditions shall affect the Buyer's statutory rights as a consumer.
2.2 These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.
2.3 Acceptance of delivery of the Goods shall be deeded conclusive evidence of the Buyer's acceptance of these Terms and Conditions.
2.4 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
3 ORDERING
3.1 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller.
3.2 Where the Goods ordered by the Buyer are not available from stock the Buyer shall be notified and given the option to either wait until the Goods are available from stock or cancel the order and receive a full refund.
3.3 When making an order through the Website, the technical steps the Buyer needs to take to complete the order process are described here: To view and/or purchase enter via the 'Browse' logo, the 'Quickview' logo or 'Search'. After you have finished your selection, click on 'Proceed to Checkout'. We accept credit card payment.
4 PRICE AND PAYMENT
4.1 The Price of the Goods shall be that stipulated on the Seller's Website. All orders are VAT zero rated. Delivery charges are shown at checkout time.
4.2 The total purchase price, including delivery charges will be displayed in the Buyer's checkout prior to confirming the order.
4.3 Payment of the Price plus delivery charges must be made in full before dispatch of the Goods unless by prior agreement by the Seller to supply goods with invoice.
5 RIGHTS OF SELLER
5.1 The Seller reserves the right to adjust the price and specification of any item on the Website at its discretion.
5.2 The Seller reserves the right to withdraw any goods from the Website at any time.
5.3 The Seller shall not be liable to anyone for withdrawing any Goods from the Website or for refusing to process an order.
6 WARRANTY
The Seller warrants that the Goods will at the time of dispatch correspond to the description given by the Seller. Except where the Buyer is dealing as a Consumer, all other warranties, conditions, or terms relating to fitness for purpose, merchantability or condition of the Goods, whether implied by Statute, common law or otherwise are excluded, and the Buyer is satisfied as to the suitability of the Goods for the Buyer's purpose.
7 DELIVERY
7.1 The Seller aims to dispatch all goods within one working day of receiving the order from the Buyer.
7.2 Shipments outside the EU may be subject to local import charges and taxes, which are the responsibility of the Buyer.
7.3 Delivery of the Goods shall be made to the Buyer's address specified in the order and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
7.4 Title and risk in the Goods shall pass to the Buyer upon delivery of the Goods.
8 CANCELLATION AND RETURNS
8.1 The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller within 30 days of delivery if the Goods are damaged or do not comply with any of the Contract. If the Buyer fails to do so the Buyer shall be deemed to have accepted the Goods
8.2 Where a claim of defect or damage is made the Goods shall be returned by the Buyer to the Seller. The Buyer shall be entitled to a full refund (including delivery costs) plus any return postal charges if the Goods are in fact defective.
8.3 If you are a Consumer you have the right, in addition to your other rights, to cancel the Contract and receive a refund by informing us in writing or by email within 7 working days of receipt of the Goods. Goods must be returned at your cost and should be adequately insured during the return journey. You will receive a refund of all monies paid for the Goods (including delivery charges) except for return postal charges within 30 days of cancellation.
8.4 Goods to be returned must clearly show the order number obtained from the Seller on the package.
8.5 Where returned Goods are found to be damaged due to the Buyer's fault the Buyer will be liable for the cost of remedying such damage.
9 LIMITATION OF LIABILITY
9.1 Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the Price of the Goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.
9.2 Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury resulting from the negligence of the Seller or that of the Seller's agents or employees.
10 WAIVER
No waiver by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.
11 FORCE MAJEURE
The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations.
12 SEVERANCE
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
13 CHANGES TO TERMS AND CONDITIONS
The Seller shall be entitled to change these Terms and Conditions at any time.
14 GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.
Tax Charges All orders are VAT zero rated
Credit Card Security — Credit cards are processed by Worldpay, a secure third-party payment processor.
Reaching Us If you need to reach us, please e-mail us using the link on the 'Contact Us' page. Alternatively, you can call or fax us on 01572 737409 (International +44 01572 737409) or write to us at:: Brass Wind Publications, 4 St Mary's Road, Manton, Oakham, Rutland, LE15 8SU, UK
1.1 'Buyer' means the individual or organisation who buys or agrees to buy the Goods from the Seller;
1.2 'Consumer' shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
1.3 'Contract' means the contract between the Seller and the Buyer for the sale and purchase of Goods incorporating these Terms and Conditions;
1.4 'Goods' means the publications that the Buyer agrees to buy from the Seller;
1.5 'Seller' means Brass Wind Publications, 4 St Mary's Road, Manton, Oakham, Rutland, LE15 8SU, UK
1.6 'Terms and Conditions' means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller.
2 CONDITIONS
2.1 Nothing in these Terms and Conditions shall affect the Buyer's statutory rights as a consumer.
2.2 These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer and shall prevail over any other documentation or communication from the Buyer.
2.3 Acceptance of delivery of the Goods shall be deeded conclusive evidence of the Buyer's acceptance of these Terms and Conditions.
2.4 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
3 ORDERING
3.1 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Terms and Conditions and are subject to acceptance by the Seller.
3.2 Where the Goods ordered by the Buyer are not available from stock the Buyer shall be notified and given the option to either wait until the Goods are available from stock or cancel the order and receive a full refund.
3.3 When making an order through the Website, the technical steps the Buyer needs to take to complete the order process are described here: To view and/or purchase enter via the 'Browse' logo, the 'Quickview' logo or 'Search'. After you have finished your selection, click on 'Proceed to Checkout'. We accept credit card payment.
4 PRICE AND PAYMENT
4.1 The Price of the Goods shall be that stipulated on the Seller's Website. All orders are VAT zero rated. Delivery charges are shown at checkout time.
4.2 The total purchase price, including delivery charges will be displayed in the Buyer's checkout prior to confirming the order.
4.3 Payment of the Price plus delivery charges must be made in full before dispatch of the Goods unless by prior agreement by the Seller to supply goods with invoice.
5 RIGHTS OF SELLER
5.1 The Seller reserves the right to adjust the price and specification of any item on the Website at its discretion.
5.2 The Seller reserves the right to withdraw any goods from the Website at any time.
5.3 The Seller shall not be liable to anyone for withdrawing any Goods from the Website or for refusing to process an order.
6 WARRANTY
The Seller warrants that the Goods will at the time of dispatch correspond to the description given by the Seller. Except where the Buyer is dealing as a Consumer, all other warranties, conditions, or terms relating to fitness for purpose, merchantability or condition of the Goods, whether implied by Statute, common law or otherwise are excluded, and the Buyer is satisfied as to the suitability of the Goods for the Buyer's purpose.
7 DELIVERY
7.1 The Seller aims to dispatch all goods within one working day of receiving the order from the Buyer.
7.2 Shipments outside the EU may be subject to local import charges and taxes, which are the responsibility of the Buyer.
7.3 Delivery of the Goods shall be made to the Buyer's address specified in the order and the Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
7.4 Title and risk in the Goods shall pass to the Buyer upon delivery of the Goods.
8 CANCELLATION AND RETURNS
8.1 The Buyer shall inspect the Goods immediately upon receipt and shall notify the Seller within 30 days of delivery if the Goods are damaged or do not comply with any of the Contract. If the Buyer fails to do so the Buyer shall be deemed to have accepted the Goods
8.2 Where a claim of defect or damage is made the Goods shall be returned by the Buyer to the Seller. The Buyer shall be entitled to a full refund (including delivery costs) plus any return postal charges if the Goods are in fact defective.
8.3 If you are a Consumer you have the right, in addition to your other rights, to cancel the Contract and receive a refund by informing us in writing or by email within 7 working days of receipt of the Goods. Goods must be returned at your cost and should be adequately insured during the return journey. You will receive a refund of all monies paid for the Goods (including delivery charges) except for return postal charges within 30 days of cancellation.
8.4 Goods to be returned must clearly show the order number obtained from the Seller on the package.
8.5 Where returned Goods are found to be damaged due to the Buyer's fault the Buyer will be liable for the cost of remedying such damage.
9 LIMITATION OF LIABILITY
9.1 Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Seller the remedies of the Buyer shall be limited to damages which shall in no circumstances exceed the Price of the Goods and the Seller shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.
9.2 Nothing in these Terms and Conditions shall exclude or limit the liability of the Seller for death or personal injury resulting from the negligence of the Seller or that of the Seller's agents or employees.
10 WAIVER
No waiver by the Seller (whether express or implied) in enforcing any of its rights under this contract shall prejudice its rights to do so in the future.
11 FORCE MAJEURE
The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations.
12 SEVERANCE
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
13 CHANGES TO TERMS AND CONDITIONS
The Seller shall be entitled to change these Terms and Conditions at any time.
14 GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.
Tax Charges All orders are VAT zero rated
Credit Card Security — Credit cards are processed by Worldpay, a secure third-party payment processor.
Reaching Us If you need to reach us, please e-mail us using the link on the 'Contact Us' page. Alternatively, you can call or fax us on 01572 737409 (International +44 01572 737409) or write to us at:: Brass Wind Publications, 4 St Mary's Road, Manton, Oakham, Rutland, LE15 8SU, UK
