Terms & Conditions of Sale

Terms & Conditions

Effective Date: 04/02/2023

1. Introduction

These terms and conditions relate to goods which you offer to purchase from Mr Breckz.co.uk (“our/this website”). Please read carefully these terms and conditions as they govern your use of this website and our supply to you of any goods which you offer to purchase through this website. We will be unable to process any offer to purchase goods until you have done so. If there is anything you do not understand, please e-mail us at sales@mrbreckz.com.

By making an offer to purchase, you agree to be bound by the provisions of the Agreement (as defined in clause 3.1 below) between you and us. If you do not accept these provisions you should not place an order. Your attention is drawn in particular to clauses 10 (limitation of liability) and 11 (indemnity).

You must be 16 years or older to register for the Service. By submitting an Order Form (see 2.4 below), you confirm to us that you are at least 16 years of age and that you accept these terms and conditions of purchase.

We may change these terms and conditions at any time and we are not under any obligation to notify you of such changes

1. Definitions

In these terms and conditions: -

2.1 - “Commencement Date” means the date when our agreement with you is concluded (see clause 3.3)

2.2 - “Invoice” means the form that is shown on screen after you have placed an order, confirming details of the Goods which you have offered to purchase and which we have agreed to supply to you

2.3 - “Consumer” means an individual whose use of the Service is for personal purposes only, and not for use in connection with any trade, business or profession

2.4 - "Order Form” means the form completed by you online and showing details of the goods which you have offered to purchase from us

2.5 - “Goods” means the goods to be provided by us to you, as described in the Order Form and Invoice and on the pages of our website relevant to those goods. (In the event of a discrepancy between the description of the Goods on the website and that on the Order Form, Invoice, the description on the Order Form or Invoice shall be conclusive)

2.6 - “We/Us/Our” refers to Mr Breckz Limited, a company incorporated in England and Wales (Registered Number 11343196)

2.7 - “You/Yours” refers to you, the person offering to purchase goods from us.

1. Your Agreement with Us

3.1 - These terms and conditions, together with the Order Form, Invoice and Privacy Policy, constitute the entire agreement between you and us relating to the provision of the Goods (“the Agreement”), and supersede any previous agreements, arrangements, undertakings or proposals, written or oral, between us in relation to this, and all past courses of dealing or industry custom. No oral explanation or oral information given by any party (including any information given via our customer service departments) shall alter the interpretation of these terms and conditions. In agreeing to these terms and conditions, you have not relied on any representation other than those expressly stated in these terms and conditions, and you agree that you shall have no remedy in respect of any misrepresentation, which has not been made expressly in these terms and conditions.

3.2 - Nothing on our website is intended or shall be interpreted to mean that we are making a legal offer to you to provide the Goods; we are inviting you to make a legal offer to us to purchase the Goods. It is entirely at our discretion to accept or reject the offer to purchase.

3.3 - The Agreement is concluded only when we have accepted your order by sending you a Invoice (with the date of conclusion of the Agreement being the date shown on that Invoice).

1. General

Payment can be made using any of the methods listed on this web site and will be debited when we have accepted your offer to purchase.

Call prices are quoted in UK pounds Sterling.

Our acceptance of your offer to purchase Goods is subject to their availability. Our acknowledgement of order acceptance via web or e-mail is not a guarantee of delivery. We will inform you if we are unable to deliver the Goods which you have offered to purchase. No money will be taken unless goods are dispatched and invoiced. In the event that we are able to supply some but not all of the Goods on the Order Form, the whole amount for all the goods on the Order Form will be taken from your credit card but a full refund will then be made, on dispatch, for the unavailable Goods.

Every effort has been made to ensure the descriptions and price of goods are correct. We will inform you as soon as possible in the event of an error in pricing or description coming to our attention. Where we notify you of such an error, you will have the option of either (i) confirming your offer to purchase subject to the corrected description or price, or (ii) retracting your offer to purchase and receiving a full refund if the Goods have been paid for.

1. Delivery Details & Returns Policy

5.1 - Delivery

Availability and Authorisation

All deliveries are subject to stock availability and authorisation of your payment. We reserve the right to cancel an order if the item is out of stock, or if we find any issues with your payment.

Delivery to Alternative Address

In the interests of customer security, your first order must be shipped to the address where your credit/debit card is registered (the billing/statement address).

The only exception we can make to this policy is if payment is made with a card that is subscribed to and uses the 3D Secure System, the payment industry's internet authentication standard.

Signature on Receipt

A signature will be required on delivery of the goods to you. Receipt of a signature at the delivery address will be proof that the order has been delivered to you.

UK - Standard and Saturday Delivery options

Orders to most of the UK mainland are sent by Royal Mail. In most cases, you should receive your order on the next working day, except where you've opted for Saturday delivery. Please note that orders received after 1pm Friday (and over the rest of the weekend) are processed on Monday for delivery on Tuesday.

If you are not in to receive and sign for the Goods our carrier will leave a card telling how to contact them to re-arrange delivery.

European Countries - Approx 5-8 working days from authorisation; £15 P&P

Orders to Europe are sent by MrBreckz Final Mile Couriers depending on the country.

Rest of the World - approx 8-12 working days from authorisation; £30 P&P

Orders to the Rest of the World are sent Mr Breckz Final Mile Couriers depending on the country.

As an international website, we deliver to all countries worldwide with the exception of Russia due to courier restrictions.

Duty

No duty applies to goods shipped within the European Union. Outside the EU any duty and customs costs appropriate to your country are your responsibility.

5.2 - Returns

Mr Breckz we want you to be satisfied every time you shop with us so we make our returns policy simple.

If for any reason you are unhappy with the goods you have purchased, just return them to us in their original condition and in the original packaging within 30 days and we will issue a full refund for the price of the item(s). This does not include the cost of the original postage and packaging. We will not refund new items that have been worn or that have had the tags removed, we will not refund special order designer items nor vintage or used items.

This does not affect and is in addition to your statutory rights as a consumer.

Please ensure that you wrap the package securely. For your own protection, we recommend you use an insured postage option as we cannot be held responsible for packages lost or damaged in the post.

Except for where the goods you return are faulty or damaged, you are responsible for the cost of returning the goods to us.

Except for where the goods are faulty or damaged, the amount which will be refunded will be the total amount of which the products you have bought cost, we won't refund you the delivery cost.

An order that contains a free gift will not be refunded unless the gift is included with the returned item(s).

Returns Address

Mr Breckz Limted
Kemp House
152-160 City Road
London
EC1V 2NX
United Kingdom

1. Payment Methods

We currently accept the following methods of payment.

6.1 - Credit Card

Mastercard

Visa

Credit card payments will be processed using the services of Shopify.

6.2 - Debit Card

Visa Debit/Delta

Maestro

Solo

Visa Electron

Credit card payments will be processed using the services of Shopify.

6.3 – PayPal

You confirm that the card or PayPal account being used is Yours. We may undertake searches with credit reference agencies for the purpose of verifying Your identity and the Personal Information You submit as part of an Order.

6.4 – Klarna

In cooperation with Klarna Bank AB (publ), Sveavagen 46, 111 34 Stockholm, Sweden, we offer you the following payment options. Payment is to be made to Klarna:

• Pay Later 30.
• Pay in 3 instalments.
• Pay now.

Further information and Klarna’s user terms you can find here. General information on Klarna can be found here. Your personal data is handled in accordance with applicable data protection law and in accordance with the information in Klarnas privacy statement.

Payment may be made by any of the methods above and will be debited when we dispatch your Goods. The total amount you pay is the same, regardless of the payment method you use.

1. VAT

We are not currently registered for VAT.

1. Security & Data Protection

8.1 - Data Protection

We are committed to protecting your privacy and the security of any information given to us in order for us to process your order.

8.2 - Our Date Protection Policy

We will not gather or hold personal information about you unless you have given your express permission for us to do so. By placing an order, you will consent to the use of such personal information.

Any personal information held or processed will be kept up-to-date and will be destroyed as soon as the reason for its collection or processing has lapsed.

No personal data about customers will be passed to any third party, except to fulfil the delivery of the goods to you, and as is necessary to process credit or debit card payments.

Your privacy and confidence will be respected at all times.

8.3 - Secure Shopping

Our system is designed so that sensitive information about orders is never transmitted insecurely. Even we do not see your credit/debit card details as they are submitted to your bank to obtain payment using SSL encryption technology.

Your information may be provided to third party service providers for the purpose of processing your offer to purchase the goods.

We may use your e-mail address to provide you with information on products, services, promotions and special offers where you have indicated that this is acceptable by signing up for the newsletter or where you have requested us not to do so.

8.4 - Third Parties

We will not sell or pass your details to third party organisations except for the purpose of processing your offer to purchase the goods.

8.5 - Consent

By making an offer to purchase Goods you consent to the information you provide to us being processed for any of the above purposes.

8.6 - Cookies

Cookies are small pieces of information that are sent from your browser to our web server.

On this website, cookies are used to keep track of the items you place in your shopping basket.

We do not store any personal information in the cookie; they are designed only to collect information of an anonymous nature. We will not combine such anonymous information with your personal details.

8.7 - Subject Access Request

On your written request, we will (within 30 days of such a request being received by us) supply to you details of the personal information which we hold about you. You must explain to us clearly the information you require to be supplied: we are not obliged to supply to you information which is not specifically requested by you.

Once we have received your written request, we will respond to your request within 30 days.

You should note that, under certain circumstances, we will not be obliged to disclose the requested information to you, in which case we will explain to you the reasons for our refusal.

1. Right To Cancel This Agreement

Under the Distance Selling Regulations, you have seven working days from the Commencement Date (“the cooling-off period”) in which to cancel your order if for any reason you are not happy with the Goods which have been delivered to you. This cooling off period begins on the day after the day you receive the Goods from us.

If you wish to cancel your order, you must notify us of this fact in writing and send your notification to us by e-mail or post. Full contact details are set out below.

On cancellation, you must return the Goods that we have delivered to you. On our receipt of the returned Goods, we will exchange the Goods or we will refund to you the price you paid for the Goods. Unless you originally received substitute goods, you will be liable for the costs of returning the Goods to us, and we will not re-imburse you for this.

You should return such Goods in accordance with our returns policy.

1. Limitation of Liability

Important: This clause 10 contains provisions, which restrict the extent to which we are liable to you for any loss you may suffer in connection with the goods. Please read it carefully and do not make an offer to purchase the goods unless you agree to this clause.

10.1 - Nothing in these terms and conditions is intended to exclude any provision of the Unfair Contract Terms Act 1977, or of the Unfair Terms in Consumer Contracts Regulations 1999, or of any other legislation designed to ensure that the rights of parties to a contract of the type of this Agreement (i.e. standard terms and conditions which are not individually negotiated) are fairly balanced.

10.2 - Subject to the aforesaid, we shall not be liable to you for any loss or damage unless such loss or damage arises as a direct result of our negligence, recklessness or wilful misconduct, or fraud or misrepresentation on our part.

10.3 - To the fullest extent permitted by applicable law, we disclaim all liability for our employees’ or sub-contractors’ negligence.

10.4 - We may include links from time to time from our website to other internet sites. We have no control over the content of such sites and disclaim any liability in respect of your use of such sites

10.5 - All conditions, terms, representations and warranties relating to the Goods which are not expressly stated in this Agreement are hereby excluded to the fullest extent permitted by law.

10.6 - Our total liability to you in respect of any claim by you arising out of or in connection with the provision (or the failure to provide) the Goods shall be limited to the value of the goods supplied.

10.7 - No claim by you against us shall be valid unless you have notified us of the details of the claim within one year of it arising.

10.8 - Every provision of this clause 10 excluding or limiting liability shall be construed separately, applying and surviving even if for any reason any of these provisions is held inapplicable or unenforceable in any circumstances, and shall remain in force notwithstanding the expiry or termination of this Agreement.

1. Indemnity

Important: In this clause 11 you agree that you will be liable for any loss we (or certain people connected with us) suffer as a result of breach of the agreement by you or by certain people connected with you. Please read it carefully and do not make an offer to purchase the goods unless you agree to this clause.

You agree that you shall be liable for, and hereby agree to indemnify us on demand in respect of any and all demands, liabilities, losses, costs and claims (including reasonable legal fees) sustained or incurred by us, our agents, suppliers, resellers, our customers, officers or employees, and arising as a result of breach by you of this Agreement.

1. Website Content

We have used reasonable care and skill in compiling the content of our website but make no warranty, express or implied, as to the nature or accuracy of any material on the website and cannot accept liability for any particular material on the website or as a result of any use of or reliance placed upon information contained within the website.

Although every effort is made to ensure complete accuracy, some prices or details shown on the website may change from time to time, and it is possible that errors will occur. We will use reasonable endeavour’s to rectify any errors as swiftly as possible.

1. Contact Details

If you have any queries about these terms and conditions, or any other aspect of our website, or you have a complaint, please contact us at:

Returns Address:

Mr Breckz Limited
The Cobalt Building
Eureka Leisure Park
1600 Lower Pemberton
Ashford
Kent
TN25 4BF
United Kingdom

Email: Luke@mrbreckz.com

We shall respond to any communication received by us as quickly as we can.

1. Law and Jurisdiction

The Agreement shall be governed by and construed in accordance with English law and you agree to submit to the non-exclusive jurisdiction of the English courts. You are responsible for compliance with any applicable laws of the country from which you access our website.

Revision: MrBreckz V1.1