Terms of Website Use
1 Definitions and Interpretation
“Account” means an account required to access and/or use certain areas of Our Site, as detailed in Clause 4;
“Buyer” means a User who makes a purchase on Our Marketplace;
“Content” means any and all text, images, audio, video, scripts, code, software, databases, and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site;
“Marketplace” means Our platform for Buyers and Sellers on Our Site;
“Seller” means a User who sells on Our Marketplace;
“User” means a user of Our Site;
“User Content” means any Content added to Our Site by a User;
“We/Us/Our” means BRIT design BRIT made Limited trading as BRITISH design BRITISH made, a limited company registered in England under company number 04494155, whose registered address is Mountpumps Oast, London Road, Hurst Green, Etchingham, TN19 7QYand whose main trading address is 64 High Street, Battle, East Sussex, TN33 0AG.
2 Information About Us
2.1 Our Site is owned and operated by BRIT design BRIT made Limited trading as BRITISH design BRITISH made, a limited company registered in England under company number 04494155 whose registered address is Mountpumps Oast, London Road, Hurst Green, Etchingham, TN19 7QYand whose main trading address is 64 High Street, Battle, East Sussex, TN33 0AG.
2.2 Our VAT number is 187 4498 51.
Access to Our Site
3.1 Access to Our Site is free of charge.
3.2 It is your responsibility to make any/all arrangements necessary in order to access Our Site.
4.1 Certain parts of Our Site (including the ability to sell through the Marketplace) require an Account in order to use them. A Buyer can buy as a guest without creating an account.
4.2 You may not create an Account if you are under 18 years of age.
4.3 When creating an Account, the information you provide must be accurate and complete. If any of your information changes at a later date, it is your responsibility to ensure that your Account is kept up-to-date.
4.4 We recommend that you choose a strong password for your Account, consisting of e.g. a combination of lowercase and uppercase letters, numbers, and symbols.
4.5 It is your responsibility to keep your password safe.
4.6 If you believe your Account is being used without your permission, please contact Us immediately at firstname.lastname@example.org. We will not be liable for any unauthorised use of your Account.
4.7 You must not use anyone else’s Account without the express permission of the User to whom the Account belongs.
4.8 All personal information provided in your Account will be collected, used, and held in accordance with your rights and Our obligations under the law, as set out in Clause 15.
4.9 If you wish to delete your account, you may do so at any time by contacting us via the contact us page and asking us to delete it. If you delete your Account, We will remove your information from Our systems. Deleting your Account will also remove access to any areas of Our Site requiring an Account for access.
5. Intellectual Property Rights and Use of Our Site
5.1 With the exception of User Content, all Content included on Our Site and the copyright and other intellectual property rights in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us. All Content, including User Content, is protected by applicable United Kingdom and international intellectual property laws and treaties.
5.2 Subject to sub-Clauses 5.3, you may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content (including User Content) from Our Site.
6 User Content
6.1 User Content on Our Site includes anything whatsoever submitted as Buyer or Seller.
6.2 You agree that you will be solely responsible for your User Content. Specifically, you agree, represent, and warrant that you have the right to submit the User Content and that it will comply with Our Acceptable Usage Policy.
6.3 You agree that you will be liable to Us and will, to the fullest extent permissible by law, indemnify Us for any breach of the warranties given by you under sub-Clause 6.2. You will be responsible for any loss or damage suffered by Us as a result of such breach.
6.4 You (or the licensors who own the Content in question, as appropriate) retain the ownership of the User Content that you submit to Our Site and all the intellectual property rights in that User Content. By submitting User Content to Our Site, you grant Us an unconditional, non-exclusive, fully transferable, royalty-free, perpetual, worldwide licence to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform, and sub-licence your User Content for the purposes of operating and promoting Our Site.
6.5 If you wish to remove User Content, you may do so by following the instructions provided <<insert location(s)>>. We will use reasonable efforts to remove the User Content from Our Site. Removing User Content also revokes the licence granted to Us to use that User Content under sub-Clause 6.4. Please note that caching or references to your User Content may not be made unavailable immediately (or may not be made unavailable at all where they are outside of Our reasonable control).
6.6 We may reject, reclassify, or remove any User Content from Our Site where in violates Our Acceptable Usage Policy, or if We receive a complaint from a third party about it and determine that it should be removed in response to that complaint. If any of your User Content is removed, you will be informed of the removal and the reasons for the removal in writing.
7 Links to Our Site
7.1 You may link to Our Site provided that:
7.1.1 you do so in a fair and legal way;
7.1.2 you do not do so in a way that suggests any form of association, endorsement, or approval on Our part where none exists;
7.1.3 you do not use any logos or trademarks displayed on Our Site without Our express written permission; and
7.1.4 you do not do so in a way that is intended to damage Our reputation or to take unfair advantage of it.
7.2 You may not link to any page other than the homepage of Our Site, www.britishdesignbritishmade.com. Linking to other pages (known as “deep linking”) requires Our express written permission. Please contact Us at email@example.com for further information.
7.3 Framing or embedding of Our Site on other websites requires Our express written permission. Please contact Us at firstname.lastname@example.org.
7.4 You may not link to Our Site from any other site where that site’s main content (i.e. the site’s primary purpose and content, not comments or similar from other users) contains material that:
7.4.1 is sexually explicit;
7.4.2 is obscene, deliberately offensive, hateful, or otherwise inflammatory;
7.4.3 promotes violence;
7.4.4 promotes or assists in any form of unlawful activity;
7.4.5 discriminates against, or is in any way defamatory of, any person, group, or class of persons; race; gender; religion; nationality; disability; sexual orientation; or age;
7.4.6 is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
7.4.7 is calculated or is otherwise likely to deceive another person;
7.4.8 is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;
7.4.9 misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause 7.4);
7.4.10 implies any form of affiliation with Us where none exists;
7.4.11 infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trademarks, patents, and database rights) of any other party; or
7.4.12 is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
8 Links to Other Sites
Links to other sites may be included on Our Site. Unless expressly stated, these sites are not under Our control. We neither assume nor accept responsibility or liability for the content of third party sites. The inclusion of a link to another site on Our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.
9 Disclaimers and Legal Rights
9.1 Nothing on Our Site constitutes advice on which you should rely. Information and other materials on Our Site are provided for general information purposes only.
9.2 Insofar as is permitted by law, We make no representation, warranty, or guarantee that Our Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure. If, as a result of Our failure to exercise reasonable care and skill, any digital content from Our Site damages your device or other digital content belonging to you (if you are a consumer) you may be entitled to certain legal remedies. For more details concerning your rights and remedies as a consumer, please contact your local Citizens Advice Bureau or Trading Standards Office.
9.3 We make reasonable efforts to ensure that Our Content on Our Site is complete, accurate, and up to date. We do not, however, make any representations, warranties, or guarantees (whether express or implied) that the Content is complete, accurate, or up to date.
9.4 We are not responsible for the content or accuracy of any User Content, nor for any opinions, views, or values expressed in any User Content. Any such opinions, views, or values are those of the relevant User and do not reflect Our opinions, views, or values in any way.
10 Our Liability
10.1 Please note that the provisions of this Clause 10 are subject to Our Terms for Buyers and Terms for Sellers.
10.2 To the fullest extent permissible by law, We accept no liability to any User for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site, or the content of, use of, or reliance upon any Content (including User Content) included on Our Site.
10.3 To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Site or to any Content (including User Content) included on Our Site.
10.4 If you are a business (i.e. a User using Our Site in the course of business and/or for commercial reasons), We accept no liability for loss of profits, sales, business, or revenue; loss of business opportunity, goodwill, or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
10.5 We use all reasonable skill and care to ensure that Our Site is free from viruses and other malware. Subject to sub-Clause 9.2, however, We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data, or other material that occurs as a result of your use of Our Site or any other site referred to on Our Site.
10.6 We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
11 Viruses, Malware, and Security
11.1 We exercise all reasonable skill and care to ensure that Our Site is secure and free from viruses and other malware. We do not, however, guarantee that Our Site is secure or free from viruses or other malware and accept no liability in respect of the same, as detailed in sub-Clause 10.5, subject to sub-Clause 9.2.
11.2 You are responsible for protecting your hardware, software, data, and other material from viruses, malware, and other internet security risks.
11.3 You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.
11.4 You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.
11.5 You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.
11.6 By breaching the provisions of sub-Clauses 12.3 to 12.5, you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Site will cease immediately in the event of such a breach.
12 Acceptable Usage Policy
12.1 You may only use Our Site in a manner that is lawful and that complies with the provisions of this Clause 13. Specifically:
12.1.1.you must ensure that you comply fully with any and all local, national, or international laws, and/or regulations;
12.1.2 you must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent;
12.1.3 you must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and
12.1.4 you must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way.
12.2 When using Our Site, you must not communicate or otherwise do anything that:
12.2.1 is sexually explicit;
12.2.2 is obscene, deliberately offensive, hateful, or otherwise inflammatory;
12.2.3 promotes violence;
12.2.4 promotes or assists in any form of unlawful activity;
12.2.5 discriminates against, or is in any way defamatory of, any person, group, or class of persons; race; gender; religion; nationality; disability; sexual orientation; or age;
12.2.6 is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
12.2.7 is calculated or is otherwise likely to deceive;
12.2.8 is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy or otherwise uses their personal data in a way that you do not have a right to;
12.2.9 misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of this sub-Clause 13.2);
12.2.10 implies any form of affiliation with Us where none exists;
12.2.11 infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks, patents, and database rights) of any other party; or
12.2.12 is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
12.3.1 removing your User Content from Our Site;
12.3.2 issuing you with a written warning;
12.3.3 legal proceedings against you for reimbursement of any and all relevant costs resulting from your breach on an indemnity basis;
12.3.4 further legal action against you as appropriate;
12.3.5 disclosing such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
12.3.6 any other actions which We deem reasonably necessary, appropriate, and lawful.
13 Privacy and Cookies
14 How We Use Your Personal Information (Data Protection)
14.1 All personal information that We may use will be collected, processed and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.
15 Communications from Us
15.2 We will never send you marketing emails of any kind without your express permission. If you do give Us permission, you may opt-out at any time. Any and all marketing emails sent by Us include an unsubscribe link. If you opt-out of receiving emails from Us, please allow up to 24 hours for the Mailchimp system to process your request. During that time, you may continue to receive emails from Us.
16 Contacting Us
To contact Us, please email Us directly at email@example.com or using any of the options provided on Our contact page www.britishdesignbritishmade.com/contact-us/
18 Law and Jurisdiction
18.1 These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England & Wales.
18.2 If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 18.1 above takes away or reduces your rights as a consumer to rely on those provisions.
18.3 If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
18.4 If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England & Wales.