Definitions
In these Terms, the following definitions are applicable:
Company means Brevont, a brand of Xavio Design Ltd (England & Wales company number 09675835) of Lechtal House, Borovere Business Park, Borovere Lane, Alton, GU34 1FH, United Kingdom.
Customer means the person, firm or body corporate, which buys or agrees to buy the goods.
Goods means any goods, services or materials sold or delivered by the Company to the Customer.
Contract means the legally binding agreement between the Company and the Customer for the purchase and sale of Goods in accordance with these Terms.
Order means the Customer’s order for the supply of Goods.
Services means any services agreed and/or Contract to be supplied to the Customer by the Company (including any part or parts of such services).
Intellectual Property Rights means patents, utility models, rights to inventions, copyright and related rights, trademarks and service marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
1. Basis of Contract
1.1. These Terms govern the supply of Goods sold by the Company to the Customer. These terms constitute the entire and only agreement between the parties.
1.2. These conditions apply to all the Customer’s sales and any variation to these conditions shall have no effect unless expressly agreed in writing and signed by a Director from time to time of the Consultant.
1.3. The Order constitutes an offer by the Customer to purchase the Goods in accordance with these Conditions. The Customer is responsible for ensuring that the terms of the Order and any applicable Specification submitted by the Customer are complete and accurate.
1.4. We may alter or vary the Terms and Conditions at any time without notice to you.
1.5. The Terms and Conditions together with the Privacy Policy, any order form and payment instructions constitute the entire agreement between you and us. No other terms whether expressed or implied shall form part of this Agreement. In the event of any conflict between these Terms and Conditions and any other term or provision on the Website, these Terms and Conditions shall prevail.
1.6. If any term or condition of our Agreement shall be deemed invalid, illegal or unenforceable, the parties hereby agree that such term or condition shall be deemed to be deleted and the remainder of the Agreement shall continue in force without such term or condition.
1.7. No delay or failure on our part to enforce our rights or remedies under the Agreement shall constitute a waiver on our part of such rights or remedies unless such waiver is confirmed in writing.
1.8. These Terms and Conditions and our Agreement shall be governed by and construed in accordance with the laws of England and Wales. The parties hereto submit to the exclusive jurisdiction of the courts of England and Wales.
2. Orders
2.1. All orders must be submitted via the Brevont website portal.
2.2. Customer has to register/sign in to complete order via Brevont website.
2.3. When ordering from this Website you may be required to provide a username and password. You must ensure that you keep these details secure and do not provide this information to a third party.
2.4. We 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 unauthorised access to any data you provide when accessing or ordering from the Website.
2.5. Any order that you place with us is subject to product availability and acceptance by us. When you place your order online we will send you an email to confirm that we have received it. This email confirmation will be produced automatically so that you have confirmation of your order details. The fact that you receive an automatic confirmation does not necessarily mean that we will be able to meet your order. Once we have sent the confirmation email we will then check availability and contact you with a further email. If the Goods are available and the details of the order are correct, this email will be deemed an acceptance and will specify delivery details and confirm the price of the Goods purchased. If the Goods are not available we will also let you know by email.
2.6. All prices listed on the Website are correct at the time of publication however we reserve the right to alter these in the future. We also reserve the right to alter the Goods available for sale on the Website and to discontinue any product line or service.
2.7. The Company operates a 24-hour turnaround from order placement to manufacture. Orders requested to be cancelled or amended subsequent to this time period require the Supplier’s written agreement.
2.8. The Company shall not be liable for any delay in delivery of the Goods caused by a Force Majeure Event or the Customer’s failure to provide adequate delivery instructions or any other instructions relevant to the supply and delivery of Goods.
3. Prices and Payment
3.1. All prices listed on the Brevont Website are correct at the time of publication however we reserve the right to alter these in the future. Prices are exclusive of the relevant sales tax.
3.2. The total price for Goods ordered, will be displayed on the Website when you place your order. Full payment must be made at the moment of the order, to conclude and confirm the order.
3.3. The prices listed on the website exclude any tariffs or import duties on importation of the Goods into the Customer’s territory.
3.4. Payment for your order may be achieved by debit or credit card. To ensure that shopping online is secure, your debit/credit card details will be encrypted to prevent the possibility of someone being able to read them as they are sent over the internet. Your credit card company may also do security checks to confirm it is you making the order.
3.5. The Customer shall pay all and any amounts due in full without any set-off, counterclaim, deduction or withholding (except as required by law).
4. Delivery
4.1. Delivery of Goods will be delivered to the delivery site address given by the Customer.
4.2. All deliveries will be free of charge and the entirely cost of delivery will be on the Company; however the Company reserves the rights to review the delivery fee at any time and for any order.
4.3. It is the Customer’s responsibility to ensure that all Goods delivered have been checked for missing goods, parts and/or defects. The Customer must notify the Company within 48 hours of delivery if the quantity delivered does not reflect that which is ordered. Where the goods are believed to be defective or have missing parts, the Customer must notify the Company in writing within 14 days of delivery.
4.4. If the Customer fails to take delivery of the Goods, rejects the Goods or the Company is otherwise unable to deliver the Goods following an attempt; they shall be deemed delivered and the Company may do one or more of the following:
(a) Store the Goods at the Customer’s risk and charge reasonable storage costs until actual delivery or other satisfaction of contractual liability; or
(b) Terminate the Contract in full.
5. Cancellation & Returns
Cancellation
5.1. You must notify us immediately if you decide to cancel or amend your order preferably by email in writing at enquiries@brevont.com
5.2. All cancellations shall be at the sole discretion of the Company.
5.3. Once we have heard from you that you wish to cancel your order within the stipulated time period we will refund or re-credit your debit or credit card with the full amount. This refund will be processed within 14 days from the time that you notify us of your intention to cancel.
5.4. The Customer’s right to cancel all or part of an Order does not apply to Goods made to the Customer’s Specification or that have otherwise been personalised for the Customer.
5.5. Where the goods from a cancellation cannot be returned, the goods shall be fully chargeable.
Returns
5.6. The Company shall only accept a return for goods deemed faulty due to manufacture.
5.7. The Customer shall notify the Company of its request to return Goods within 10 Business Days of the delivery date by completing the Company’s returns form, which can be requested from enquiries@brevont.com, unless otherwise agreed in writing by the Company.
5.8. Refunds or Credits for returns are not approved until inspection of the Goods by the Company.
5.9. Authorised returns will only be accepted where the returned Goods:
(a) are in a re-saleable condition;
(b) have not been used;
(c) have not been damaged or modified;
(d) are in their original box with all labels and accessories included;
5.10. Final approval of the return of Goods is at the Company’s sole discretion
5.11. Where necessary, the Customer may be offered an Advance Replacement. Where this occurs and the Company is not satisfied that the Goods are faulty due to manufacture.
6. Limitations of Liability
6.1. Nothing in these Terms affects or limits the Supplier’s liability for fraud, fraudulent misrepresentation, death or personal injury caused by a negligent act, nor breach of the terms implied by section 12 of the Sale of Goods Act 1979. The terms implied by sections 13-15 Sale of Goods Act 1979 are to the fullest extent permitted by law, excluded from the Contract.
6.2. The Company shall not be liable for any indirect or consequential loss, howsoever caused, including: loss of profits, pure economic loss, administrative inconvenience, loss of business, goodwill, contract, anticipated savings, delivery and assembly costs, installation or reinstallation costs, property or assets or liability under agreements with or to third parties resulting from such breach.
6.3. We do not accept any liability for any delays, failures, errors or omissions or loss of transmitted information, viruses or other contamination or destructive properties transmitted to you or your computer system via our Website.
6.4. We shall not be held liable for any failure or delay in performing Services or delivering Goods where such failure arises as a result of any act or omission which is outside our reasonable control such as an act of God or those of third parties.
6.5. We have taken all reasonable steps to prevent internet fraud and ensure any data collected from you is stored as securely and safely as possible. However, we cannot be held liable in the extremely unlikely event of a breach in our secure computer servers or those of third parties.
7. Termination
7.1 Without limiting its other rights or remedies, each party may terminate the Contract with immediate effect by giving written notice to the other party if:
(a) the other party commits a material breach of its obligations under this Contract and (if such breach is remediable) fails to remedy that breach within 14 days after receipt of notice in writing to do so;
(b) the other party suspends, or threatens to suspend, payment of its debts or is unable to pay its debts as they fall due or admits inability to pay its debts or (being a company or limited liability partnership) is deemed unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 or (being an individual) is deemed either unable to pay its debts or as having no reasonable prospect of so doing, in either case, within the meaning of section 268 of the Insolvency Act 1986 or (being a partnership) has any partner to whom any of the foregoing apply;
(c) the other party commences negotiations with all or any class of its creditors with a view to rescheduling any of its debts, or makes a proposal for or enters into any compromise or arrangement with its creditors;
(d) a petition is filed, a notice is given, a resolution is passed, or an order is made, for or in connection with the winding up of the other party (being a company) other than for the sole purpose of a scheme for a solvent amalgamation of the other party with one or more other companies or the solvent reconstruction of that other party;
(e) the other party (being an individual) is the subject of a bankruptcy petition or order;
(f) a creditor or encumbrancer of the other party attaches or takes possession of, or a distress, execution, sequestration or other such process is levied or enforced on or sued against, the whole or any part of its assets and such attachment or process is not discharged within 14 days;
(g) an application is made to court, or an order is made, for the appointment of an administrator or if a notice of intention to appoint an administrator is given or if an administrator is appointed over the other party (being a company);
(h) the holder of a qualifying charge over the assets of the other party (being a company) has become entitled to appoint or has appointed an administrative receiver;
(i) a person becomes entitled to appoint a receiver over the assets of the other party or a receiver is appointed over the assets of the other party;
(j) the other party suspends, threatens to suspend, ceases or threatens to cease to carry on, all or substantially the whole of its business;
(k) the other party’s financial position deteriorates to such an extent that in the Company’s opinion the Customer’s capability to adequately fulfil its obligations under the Contract has been placed in jeopardy; or
(l) the other party (being an individual) dies or, by reason of illness or incapacity (whether mental or physical), is incapable of managing his own affairs or becomes a patient under any mental health legislation.
8. Force Majeure
The Company reserves the right to defer the date of performance or to cancel the Contract or the nature and extent of the Services if it is prevented from or delayed in the carrying on of its business due to circumstances beyond the reasonable control of the Consultant including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, pandemic, national lock-down or restrictions caused by a pandemic or other disaster, lock-outs, strikes or other labour disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, provided that, if the event in question continues for a continuous period in excess of 28 days, the Customer shall be entitled to give notice in writing to the Company to terminate the Contract.
9. Complaints
If you have an enquiry or complaint regarding the Goods provided, please send via email to enquiries@brevont.com
10. Third Party Rights
A person or a Company who is not a party to the Contract shall not have any rights to enforce its Terms. The Contracts (Right of Third Parties) Act 1999 is expressly not intended to apply.
