These Terms and Conditions shall apply to all contracts entered into by Charlotte Brake Limited. ("Charlotte Brake", "we" or "us") (company number 10938798) whose registered office is at 95 Nelson Avenue, Tonbridge, Kent TN9 1XB. By placing your order with us you are accepting these Terms and Conditions. Where you do not accept these Terms and Conditions in full, you do not have permission to access the contents of this website and should cease using it immediately.

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“Contract” 

The contract between You and Charlotte Brake for the sale and purchase of the Goods in accordance with these Conditions and the Order.

“Force Majeure Event”

Any event beyond Charlotte Brake’s reasonable control, which by its nature could not have been foreseen, or, if it could have been foreseen, was unavoidable, including strikes, lock-outs or other industrial disputes (whether involving its own workforce or a third party's), failure of energy sources or transport network, acts of God, war, terrorism, riot, civil commotion, interference by civil or military authorities, national or international calamity, armed conflict, malicious damage, breakdown of plant or machinery, nuclear, chemical or biological contamination, sonic boom, explosions, collapse of building structures, fires, floods, storms, earthquakes, loss at sea, epidemics or similar events, natural disasters or extreme adverse weather conditions, or default of Charlotte Brake’s suppliers.

“Goods”

The products that You specify in the Order.

“Price” 

The price payable by You to Charlotte Brake for the Goods as detailed in the Order or on Charlotte Brake’s website. The Price is inclusive of VAT.

“Order”

The online order You submit with a view to purchasing specified products from Charlotte Brake. 

“Specification”

Charlotte Brake’s specification for the Goods in effect on delivery to You.

 “You”

The consumer identified in the Order that purchases the Goods from Charlotte Brake.

 

1.    WHEN THIS CONTRACT COMES INTO EFFECT

1. You place an Order with Us for the Goods when you enter the required details on our checkout page and click ‘checkout’.

2. The Contract will come into effect when We send an email to the email address you gave Us in your Order confirming our acceptance of your Order, and not before We receive payment for the Goods and delivery costs. We won’t charge You for the Goods if your Order isn’t accepted.

3. You will own the Goods once We have received payment in full for the Goods and delivery costs.

2.    THE GOODS

1. You acknowledge that the Goods are bespoke items, that images of products on our website are provided for illustrative purposes only, and that although We try to represent our products faithfully, We cannot guarantee that colours displayed on your device will precisely reflect the colour of the imaged products. You also accept that packaging may vary from website images.

 

3.    PRICE AND PAYMENT

1.     You must pay the full price of the Goods and delivery costs at the time of the Order. 

2.     The Price does not include delivery costs, which are displayed on our website.

3.     It is always possible that some of the Goods We sell may be incorrectly priced, as a result of a software error. We will normally             check the Price before accepting your Order so that, where, at your order date the Goods' correct price is less than our stated            Price, We will charge the lower amount. Where, at your order date, the Goods’ correct price is higher than the Price, We will                 contact You for Your instructions before We accept your Order. If We accept and process your Order where a pricing error is                 obvious and unmistakeable and could reasonably have been recognised by You as a mispricing, We may end the Contract,                   refund You any sums You have paid and require the return of any Goods provided to You.

4.    DELIVERY

 

1.     Delivery is deemed to take place once the Goods are delivered to the address you designate in your Order or, failing delivery               there, to the depot nominated by the delivery service provider. 

2.     You will be responsible for the Goods once they are delivered to the address you designated in the Order or the nominated                  delivery depot.  You may incur storage costs and further delivery costs if You do not collect the Goods or re-arrange delivery                 from the depot.

3.    We will tell You if delivery is delayed by an event outside our control. If delivery is delayed for more than 90 days, You may                    contact Us to end the Contract and receive a refund for any Goods You have paid for but not received.

 

5.    IF THERE IS A PROBLEM WITH THE GOODS

1.     If You have any questions or complaints about the Goods, please contact Us.
 

2.     Damage caused by any repair to the Goods other than by Us, or damage to the Goods due to misuse by You or a third party, are         not covered by this clause 6. In addition, any unauthorised service or modification of the Goods will void your right to a                         refund/repair/replacement. 

6.    OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

1.     If We fail to comply with these Conditions, We are responsible for loss or damage You suffer that is a foreseeable result of our             breaking this Contract or our failing to use reasonable care and skill, but We are not responsible for any loss or damage that is            not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made,          both We and You knew it might happen, for example, if You discussed it with Us during the sales process.

2.     We do not exclude or limit in any way our liability to You where it would be unlawful to do so. This includes liability for death or           personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent          misrepresentation. To the extent permitted by law, and except as otherwise provided in these Conditions, We exclude all                       conditions, warranties, representations or other terms which may apply to your use the Goods, whether express or implied.

3.     We only supply the Goods for domestic and private use and are not liable for business losses.

7.    OUR RIGHTS TO END THE CONTRACT

1.     We may end the Contract at any time by writing to You in the event of a Force Majeure Event or if You do not, within a                            reasonable time of Us asking for it, provide Us with information that we need to provide the Goods (for example, the correct               delivery address).

2.     If We end the Contract in the situations set out in clause 8.1 We will refund any money You have paid in advance for Goods We            have not provided but We may deduct or charge You reasonable compensation for the net costs We will incur as a result of                  your breaking the Contract including any manufacturing costs.

8.    YOUR RIGHTS TO END THE CONTRACT

1.     The right to change your mind (Consumer Contracts Regulations     2013) – ‘cooling-off period’.

         For most products bought online You have a legal right to change your mind within 14 days and return the products to receive a          refund. However, all Goods sold by Charlotte Brake are bespoke and made to order. You do not have the right to change your              mind in respect of such personalised goods. Once We have accepted an Order, You do not have the right to change your mind            under the Consumer Contracts Regulations 2013.

2.     You may have the right to end the Contract:

1.     if what You have bought is faulty or does not comply with the Specification ; or 

2.     because of something We have done or have told You We were going to do (see clause 10.3);

3.     We will refund You in full for any Goods that have not been provided if you wish to end the Contract for one the reasons set out         below: 

1.     We have told You about an error in the Price or Specification of the Goods You have ordered and You do not wish to                   proceed; or

2.     there is a risk that supply of the Goods may be significantly delayed because of events outside our control (see clause                 5.3).

9.  HOW TO END THE CONTRACT

1.     If you are entitled to end the Contract under clause 9, You must:

1. notify Us by doing one of the following:  

• Email Us that is in our “Contact Us” page. Please provide your name, home address, details of the order and, where              available, your phone number; or

• writing to Us by post at the address referred to in the “Contact Us” page.

2.     return the Goods to Us within 14 days of notifying Us, by posting them to the address that is in our “Contact Us” page. 

3.     pay the costs of returning the Goods, unless they are faulty or not in line with the Specification.

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2.     Subject to clause 10.1, if you are entitled to end the Contract under clause 9, We will refund the price You paid for the Goods               (and delivery costs where Goods are faulty or not in line with the Specification) by the method You used for payment. 

3.     We may reduce the refund referred to in clause 10.2 (excluding delivery costs) to reflect any reduction in the value of the Goods,          if this has been caused by your handling of them. If We refund You the price paid before We are able to inspect the Goods, but            later discover that You have handled them in an unacceptable way, You must pay Us an appropriate amount. 

4.      The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method We offer. For                        example, if We offer delivery of the Goods within 3-5 days at one cost but You choose to have the Goods delivered within 24                hours at a higher cost, then We will only refund what You would have paid for the cheaper delivery option.
 

10.  HOW WE MAY USE YOUR PERSONAL INFORMATION

1.     We will use the personal information You provide to Us:

1.     to supply the Goods to You;

2.     to process your payment for the Goods; and

3.     if You agreed to this during the Order process, to give You information about similar Goods that We provide, but You may         stop receiving this at any time by contacting Us.

        We will only give your personal information to other third parties where the law either requires or allows Us to do so.                More details can be found on our Privacy Policy page.

 

11.  MISCELLANEOUS

 

1.     We may transfer our rights and obligations under these terms to another organisation, and We will ensure that the transfer will           not affect your rights under the Contract.

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2.     You may only transfer your rights or your obligations under these terms to another person if We agree to this in writing. 

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3.     This Contract is between You and Charlotte Brake. No other person shall have any rights to enforce any of its terms under the             Contracts (Rights of Third Parties) Act 1999.

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4.     Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are                     unlawful, the remaining paragraphs will remain in full force and effect.

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5.     If We do not insist immediately that You do anything You are required to do under these terms, or if We delay in taking steps               against You in respect of your breaking the Contract, that will not mean that You do not have to do those things and it will not             prevent Us taking steps against You at a later date. 

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6.     These Conditions are governed by and interpreted in accordance with the laws of England and Wales, and the courts of England         and Wales will have exclusive jurisdiction in respect of any dispute which may arise.

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