Terms and Conditions

BACKGROUND:

Please read these Terms and Conditions carefully before placing an order with us. These terms, together with any other documents referred to in them, tells you about the terms and conditions (“Terms”) on which we sell any of the products (“Products”) on our website at www.pedalandbrass.co.uk (“our Site”).  These Terms apply to any contract for the sale of Products to you (“Contract”).

These Terms explain who we are, how our Products will be provided to you, how either of us may change, cancel, or otherwise end the Contract, what to do in the event of problems, and other important information.

These Terms and Conditions do not apply to customers purchasing Products in the course of business.  Please contact us if you wish to purchase Products for commercial  or business use or resale.

These Terms and Conditions were last updated on 22 June 2021.

Please tick the relevant checkbox to confirm you accept these Terms when ordering Products. If you do not agree to comply with and be bound by these Terms, you will not be able to order Products through our Site.

1. Information About Us

Our Site is operated by Pedal & Brass Limited. We are a limited company registered in England and Wales under company number 13155492.

2. Use of Our Site

Your use of our Site is subject to our Website Terms of Use available on our Site. Please ensure that you have read them carefully and that you understand them.

3. International Customers

Please note that we currently only deliver within the United Kingdom.

4. Our Products

• Although we make all reasonable efforts to ensure that all descriptions and images of Products available on our Site match the actual Products;

• images of Products on our Site are for illustrative purposes only. There may be slight variations in colour between the image of a product and the actual product due to differences in computer or device displays and lighting conditions;
• images or descriptions of packaging are for illustrative purposes only and the actual packaging may vary;
• due to the handmade nature of our Products and the natural materials we use (which themselves can vary in thickness), all sizes, weights, capacities, dimensions and measurements may vary slightly between the actual Products and the description; and
• we cannot guarantee a uniform appearance to any Product made from leather as this is a natural material and may contain slight imperfections (including, but not limited to, the leather grain, colour, texture, markings, wrinkles and scars).

• Due to the tanning and manufacture process of leather, some colour transfer may occur and water spotting may happen if the bag is exposed to rain and we cannot accept responsibility if either should happen.

• Where appropriate you may be required to select the required size, colour, personalisation or other features of the Products that you are purchasing (“customisation”).

• If you order customised Products from us (“Bespoke Products”), we will make them to your specifications and requirements, as detailed in the descriptions accompanying such products on our Site. When you place an Order for Bespoke Products, we will provide details of the information required from you.

• When placing an Order for Bespoke Products, please ensure that all information that you provide to us is correct, accurate and complete. We cannot accept the return of any Bespoke Products if that return is due to incorrect information provided by you. 

• We cannot guarantee that Products will always be available despite any stock indications provided on our Site.

• Minor changes may be made to certain Products from time to time. This may happen between you placing an order for your Products (“Order”) and the Products being dispatched. Minor changes may be made, for example, to reflect particular technical issues or to replace an out of stock item of hardware, component or material.  Any such replacements or changes shall be of similar description and quality and will not change the main characteristics of the Products or your use of those Products.

• More significant changes may also be made to the Products from time to time. If we make such changes, we will inform you before delivery of the Products and you may contact us to seek a refund for any Products paid for but not received. 

5. Pricing

• The prices of our Products will be as quoted on our Site from time to time. We make all reasonable efforts to ensure that the prices shown on our Site are correct at the time the information is entered onto the system. However, despite this, it is possible that sometimes the price of a Product or the delivery costs detailed on our Site are incorrect. Where this happens:
• and the correct price or delivery charge is lower than that shown when you make an Order, we will simply charge you the lower price;
• and where the correct price or delivery charge is higher than that shown when you make an Order, we will give you the option to purchase the Products at the correct price or delivery charge or to cancel your Order. We will not process your Order until we have your instructions. If you do not respond within 14 days, we will treat your Order as cancelled and inform you of the cancellation by email.

• We may change prices from time to time. Changes in price will not affect any Order that you have already placed.

• Delivery charges are not included in the price of Products shown on our Site. For more information on delivery charges, please refer to the Delivery & Returns page on our Site. Delivery options and related charges will be presented to you as part of the order process.

• We may from time to time offer discounts on the prices of our Products or our delivery charges. Any such promotions are only valid for Orders placed during the period that the offer is active and subject to any specific terms applicable to that promotion.  Please note that in placing an order which takes advantage of such a discount, you are agreeing to both the specific promotional terms and these Terms.

6. Orders and How Contracts Are Formed

• Our Site will guide you through the ordering process. Before submitting your Order, you will be given the opportunity to review and amend it. Please ensure that you check your Order carefully before submitting it. As most of our Products are made to order and are sometimes Bespoke Products, we cannot guarantee any amendments to your order once it is submitted.

• If you provide us with incorrect or incomplete information during the order process, please contact us as soon as possible. Where any information is required, it will be stated on our Site, either in the product descriptions or during the order process, as applicable.

• If we cannot process your Order due to incorrect or incomplete information, we will contact you to ask you to correct it or provide the missing information required for us to supply the Products to you.

• If you do not provide the required information within a reasonable period of us asking for it, or if the information is inaccurate or incomplete, we may not process the Order and may refund any monies paid.

• We will not be responsible for supplying the affected Products late or for not supplying the affected Products if this is due to you not providing us with the required information within a reasonable period of us asking for it.

• No part of our Site constitutes a contractual offer capable of acceptance.

• Your Order constitutes a contractual offer. Once you have placed an Order, you will receive an email from us acknowledging that we have received your Order, and/or a page will be generated on our Site, acknowledging your Order (“Order Acknowledgement”). However this does not mean that your order has been accepted.  Our acceptance of that Order will take place as described in the sub-clause below.

• Our acceptance of your Order will take place when we confirm by email that your Product is being made or your order is being fulfilled (“Order Confirmation”). This is when payment will be taken.  When your Order is ready, you will receive an email from us confirming that the Product has been dispatched and where possible giving you tracking details of the parcel containing your Order (“Shipping Confirmation”).

• If we are unable to supply you with a Product, for reasons including but not limited to it being out of stock, or the materials from which your Product is made being unavailable or because of an error on price (as set out in clause 5.1) or due to a limit on our resources or inability to meet a delivery deadline, we will inform you of this by email and we will not process your Order. If we are able to, we will offer you the nearest alternative or a full refund if you have already paid for the Product.  If the nearest alternative is lower in price than the original Product you ordered then we will refund you the difference if you have already paid for the original Product.  If the nearest alternative is higher in price that the original Product you ordered, we may charge you for the difference in price.  If you do not pay the difference, we may not process your order and may refund any monies already paid.

• Please quote your Order Number if you contact us about your Order for any reason. You do not have to do this, but it may help us to locate your Order and help you more quickly and easily.

7. Payment

• Payment for Products and related delivery charges must always be made in advance. You will be prompted to provide payment details during the ordering process.

• We will not charge your chosen payment method until we process the Order.

• We accept all major credit and debit cards as payment.

8. When You Own the Goods

Ownership of the Goods will only pass to you on the later of receipt of payment in full of all sums due and attempted delivery to you.

9. Delivery

• All Products purchased through our Site will normally be ready for delivery within the timescale set out in the Order Confirmation, unless there is an event outside of our control or unless otherwise agreed by us. Please note that since we are a small business and all our Products are made to order, manufacture and dispatch of our Products can take up to 4 weeks.  In some cases, it may take longer in which case we will notify you of this in the Order Confirmation.

• You can check the status of your Order in the Order Status page (a link to which is provided in the Order Acknowledgement) and once the Products have been dispatched, in most cases you will be able to track the parcel by following the link to the parcel tracking number in the Shipping Confirmation. If we are unable to meet the estimated delivery date because of an event outside our control, we will contact you with a revised estimated delivery date.

• We will not be responsible for delays that are outside of our reasonable control. If delivery is delayed for such a reason, we will inform you as soon as possible and will take steps to minimise the impact of the delay.

• If there is a risk of a substantial delay to delivery, you may contact us to end the Contract and will be refunded any sums paid for Products that you have not received.

• Delivery will be completed when we deliver the Products to the address you gave us, whether delivery is taken or not.

• If you (or someone on your behalf) are not available at your address to take delivery of the Products and they cannot be posted through your letterbox, we will leave a note informing you of how to arrange for re-delivery or of where to collect the Products.

• If you do not arrange to have the Products re-delivered or do not collect them, we will contact you to ask for further instructions. We may charge you for storage and for further delivery costs. If, despite our reasonable efforts, we cannot contact you or cannot arrange for re-delivery or collection of the goods, we may end the Contract and issue you with a refund. We may deduct a reasonable sum in compensation for any net costs incurred by us as a result.

• The Products will be your responsibility from the point at which we first attempt delivery, whether you take delivery or not. 

10. Your cancellation and refund rights

Right to a Refund

• If you change your mind about your Order and wish to cancel an order, you may do so within 30 days of us delivering the Products to you (“the Returns Period”) and receive a full refund (subject to clause 11 below) providing:
• we are satisfied that the Product has not been used and is in a reasonable condition upon its return to us; and
• the Product is delivered back to us, with the Returns Form (referred to in clause below within the Returns Period.

The exception to this is where the Product is a Bespoke Product that has been customised or personalised for you, in which case we cannot offer a refund or exchange if you change your mind.

• If you wish to return the Products due to a change of mind, please notify us providing reasons for your return, your name, address, details of your Order and, where possible, your email address and telephone number. For your convenience, we enclose a Returns Form with each purchase and this can also be found in the Delivery & Returns section of our Site.

• If you believe a Product is faulty, damaged or mis-described, please contact us as soon as possible and ideally within the Returns Period. If you notify us of the problem within the Returns Period, we will offer you the choice of a repair, replacement or refund in accordance with your rights under The Consumer Rights Act 2015.  If you notify us of the problem outside of the Returns Period but within 6 months of delivery, we will only be able to offer a repair or replacement in the first instance.  However, if the Product remains faulty, damaged or mis-described after we repair or offer a replacement, you may choose to have a further repair or replacement, a partial refund or return the Products and receive a full refund.

• We will not be able to repair, offer a replacement or refund you where we consider that any problem is part of normal wear and tear, has been caused through misuse or damage by you or we notified you of any defect in the Product prior to you placing your Order.

Returning Products to Us

• To exercise your legal right to reject the Products either due to you changing your mind or due to them being faulty, damaged or mis-described, you must return the Products to us.

• You are responsible for arranging and paying for the collection costs or return postage unless the Products are being returned due to them being faulty, damaged or mis-described, in which case we will arrange for their collection and cover our costs of return postage.

11. Refunds

• All refunds due to you will be made using the same method used by you when paying for the Products. You will be refunded the price paid for the Products and for delivery, subject to the following limitations and deductions:
• No refunds will be given for items which is a Bespoke Product unless faulty;
• If you are cancelling an Order during the Returns Period due to a change of mind, we may reduce your refund to reflect any reduction in the value of the Products if that reduction has been caused by your handling of the Products in a way that would not be permitted in a shop. If we issue the refund before inspecting the Products and subsequently discover that you have handled them in this way, we may charge you an appropriate sum;
• Standard delivery charges (i.e. the cheapest option available for your Order) will be refunded, but we do not reimburse premium delivery charges. If, for example, our cheapest delivery option is standard delivery (for example 3-5 days), but you select express delivery (for example 1-2 days), your refund for delivery charges will only be equivalent to the cost of the cheaper option. No postage costs will be refunded if only part orders are returned.

• All refunds due to you will be made as soon as possible. If you are exercising your right to change your mind during the Returns Period, we will issue your refund within 14 calendar days of the day on which we receive the returned Products or if the Products have not yet been dispatched by us, within 14 calendar days of the day on which you inform us that you wish to refund a Product or cancel and end the Contract. 

12. Our Liability to Consumers

• We will be responsible for any foreseeable loss or damage that you may suffer as a result of our breach of these Terms of Sale (or the Contract) or as a result of our negligence. Loss or damage is foreseeable if it is an obvious consequence of our breach or negligence or if it is contemplated by you and us when the Contract is created. We will not be responsible for any loss or damage that is not foreseeable.

• We only supply goods for domestic and private use by consumers. We make no warranty or representation that the Products are fit for commercial, business or industrial use of any kind (including resale). We will not be liable to you for any loss of profit, loss of business, interruption to business, or for any loss of business opportunity.

• Nothing in these Terms of Sale seeks to limit or exclude our liability for death or personal injury caused by our negligence (including that of our employees, agents or sub-contractors); or for fraud or fraudulent misrepresentation.

• Nothing in these Terms of Sale seeks to exclude or limit your legal rights as a consumer.

13. Complaints and Feedback

• We always welcome feedback from our customers and, whilst we always try to ensure that your experience as a customer of ours is a positive one, we nevertheless want to hear from you if you have any cause for complaint.

• If you wish to complain about any aspect of your dealings with us, please contact us using the contact details provided at the end of these Terms.

14. How We Use Your Personal Information

We will only use your personal information as set out in our Privacy Policy, available on our Site.

15. What Happens if We Transfer this Agreement to Another Party

We may transfer (assign) our obligations and rights under these Terms of Sale (and the Contract) to a third party (this may happen, for example, if we sell our business). We will ensure that your rights under these Terms of Sale (and the Contract) will not be affected and our obligations under these Terms of Sale (and the Contract) will be transferred to the third party who will remain bound by them.

16. Changes to these Terms of Sale

We may alter these Terms from time to time, for example, to reflect changes in relevant laws and regulatory requirements. If we do so, we will note that they have been amended and specify the relevant date at the top of this page.

17. Other Important Terms

• You may not transfer (assign) your obligations and rights under these Terms of Sale (and under the Contract, as applicable) without our express written permission.

• The Contract is between you and us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms of Sale.

• If any of the provisions of these Terms of Sale are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, that / those provision(s) shall be deemed severed from the remainder of these Terms of Sale. The remainder of these Terms of Sale shall be valid and enforceable.

• No failure or delay by us in exercising any of our rights under these Terms of Sale means that we have waived that right, and no waiver by us of a breach of any provision of these Terms of Sale means that we will waive any subsequent breach of the same or any other provision.

18. Law and Jurisdiction

• These Terms of Sale, and the relationship between you and us (whether contractual or otherwise) shall be governed by, and construed in accordance with, English law.

• If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing takes away from or reduces your legal rights as a consumer.

• Any dispute, controversy, proceedings, or claim between you and us relating to these Terms of Sale or to 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.

 If you need to contact us about any aspect of these Terms of Sale, please do so by emailing us at hello@pedalandbrass.co.uk or writing to us at our registered office at 3 Buristead Road, Great Shelford, Cambridge CB22 5EJ.