Terms & Conditions & Privacy

ABOUT THE BIRCH & BROOK SITE

"Birch & Brook" is a trading name of Birch & Brook Ltd. Registered in England & Wales under Registered Number 8503921. Registered Office Address: Mason's Yard, 34 High Street, Wimbledon Village, SW19 5BY. VAT registration number: GB 177 3791 65

ELIGIBILITY

To be eligible to purchase goods on this Site and to lawfully enter into and form contracts on this Site under English law you must: (a) be aged 18 or older and (b) register on the Site; and (c) be the holder of a valid debit/credit card.

LANGUAGE

This contract shall be concluded in English.

PRICES

All prices indicated for products available via the Site are inclusive of VAT (where applicable) at the current rates and are exclusive of delivery charges. The total cost of your order is the price of the products ordered and delivery charges as set out in the delivery section of the Site.

PRODUCT DESCRIPTIONS

We will take all reasonable care to ensure that all details, descriptions, and images of products appearing on the Site are correct at the time when the relevant information was entered onto the system; however, to the extent permitted by applicable law, we do not warrant that the product descriptions, colours or other content available on the Site are accurate, complete, reliable, current, or error-free. Although we aim to keep the Site as up to date as possible, the information including product descriptions appearing on this Site at a particular time may not always reflect the product exactly at the moment you place an order. We cannot confirm the price of a product until your order is accepted in accordance with our order acceptance policy.

Current candles supplied have a cream coloured label applied to the glass holder.

PURCHASE RELATED POLICIES

The products and services available on the Site, and any samples thereof we may provide to you, are for personal use only. You may not sell or resell any of the products or services, or samples thereof, you purchase or otherwise receive from us. Please note that samples are subject to availability. We reserve the right, with or without notice, to cancel or reduce the quantity of any orders that we believe, in our sole discretion, may result in the violation of our Terms and Conditions.

PLACING AN ORDER AND ORDER ACCEPTANCE

You will be guided through the process of placing an order by a series of simple instructions on the Site. You will be offered the opportunity to review your proposed order and confirm or correct it prior to finally placing your order. You place your order request for goods from the Birch & Brook Site by clicking on the Submit button at the end of the on-line order process.

Once you have placed your order, we will send to you an email acknowledgement providing you with the details and value of your order, which has been debited to your credit/debit card. This is not an order acceptance from Birch & Brook Ltd.

Unless we have notified you that we do not accept your order or you have cancelled your order in accordance with the Cancellation section of the Site, our acceptance of your order and the completion of the contract between you and us will take place when we have dispatched the goods ordered by you. To cancel your order after it has been dispatched to you, you will need to follow the Returns Policy and Procedure.

If you require a VAT invoice, please contact us at +44 (0) 7866 568 470

If you require any information regarding your order(s) please contact Customer Services on the following number +44 (0) 7866 568 470 or email info@birchandbrook.co.uk.

We may not accept your order if an item you have ordered is out of stock, we are unable to obtain authorisation for your payment, we suspect fraudulent activity or violation of these Terms and Conditions (including our Privacy Policy) or if we identify a product or pricing error.

If we are unable to fulfil your order following our order acknowledgement, we will contact you by email or telephone advising you of this. See Cancellation section of the Site.

PAYMENT

You may pay using any of the methods specified in the Payment section of this Site. You confirm that the credit or debit card that is being used is yours.

All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses or does not, for any reason, authorise payment to us, whether in advance or subsequent to a payment, we will not be liable for any delay or non-delivery.

TITLE TO GOODS

We will retain the legal ownership of the goods until full payment has been made by you and such payment has been received by us. Legal ownership of the goods will immediately revert to us if we refund any such payment to you.

RISK OF LOSS

Risk in the goods will pass to you upon delivery to you.

DELIVERY

We will deliver the goods in accordance with the delivery option selected by you during the order process. See the Delivery section of our Site. Any delivery timescales quoted to you are indicative only. Orders may be delivered in one or more parts. We do not accept any liability whatsoever for delayed delivery caused by any third party.

ACCEPTANCE OF GOODS

Upon receipt, you must inspect the goods. You will be deemed to have accepted the goods unless you notify us that you have cancelled the order and/or you return the goods in accordance with the Returns Policy and Procedure. If no such action is taken, we shall not be obliged to accept any rejection of the goods at a later date. Your statutory rights are not affected.

If you have not received the entire order as detailed in the order confirmation email sent to you when an order is received, please contact Customer Service on the following number +44 (0) 7866 568 470 or email info@birchandbrook.co.uk

RETURNS

At Birch & Brook we want you to be happy with every purchase you make. We understand that sometimes you may need to return items.

In the event that goods are found to be faulty within 28 days of purchase, please return them for a full refund or replacement. We will only refund or exchange unused home fragrance products if they are returned to us in their original packaging and in re-saleable condition. Please email us before returning goods: info@birchandbrook.co.uk

All returns should be sent to:

Birch & Brook

Returns Department

11 Elborough Street

London

SW18 5DP

If you return items for reasons other than defects in the goods, or incorrect delivery, you will be required to pay for the return of the item to us. Please ensure that the package is wrapped and boxed securely and for your protection we recommend that you obtain a 'certificate of postage' from the Post Office, as we cannot accept liability for goods lost in transit. Replacement goods will be sent to you free of additional postage and packaging costs using our standard delivery tariff.

INTELLECTUAL PROPERTY

All content available on the Site, including, but not limited to, text, graphics, logos, button icons, images, audio clips, data compilations, and software, and the compilation thereof (collectively, the "Content") is the property of Birch & Brook Limited, its affiliates, partners or licensors, and is protected by international copyright laws.

LIMITED LICENCE

We grant you a limited, revocable, and non-exclusive licence to access and make personal use of the Site. This limited licence does not include the right to: (i) frame or utilise framing techniques to enclose the Site or any portion thereof (ii) modify or download the Site or its contents (except caching or as necessary to view content); (iii) make any use of the Site or its Content other than personal use; (iv) create any derivative work based upon either the Site or its Content; (v) collect account information for the benefit of another party; (vi) use any meta tags or any other "hidden text" utilising our name or the Trademarks; or (vii) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure.

We also grant you a limited, revocable, and non-exclusive licence to create a hyperlink to the home page of the Site for personal, non-commercial use only. A website that links to our Site (i) may link to, but not replicate, our Content; (ii) may not imply that we are endorsing such website or its services or products; (iii) may not misrepresent its relationship with us; (iv) may not contain content that could be construed as distasteful, obscene, offensive or controversial, and may contain only content that is lawful and appropriate for all ages; (v) may not portray us or our products or services, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions; (vi) may not use any Trademark without express written permission; and (vii) may not link to any page of the Site other than the home page. We may, in our sole discretion, request that you remove any link to the Site, and upon receipt of such request, you shall immediately remove such link. Any unauthorised use by you of the Site terminates the limited licence without prejudice to any other remedy provided by applicable law.

YOUR OBLIGATIONS AND RESPONSIBILITIES

In the access or use of the Site, you shall comply with these Terms and Conditions and the special warnings or instructions for access or use posted on the Site. You shall act always in accordance with the law, custom and in good faith. You may not make any change or alteration to the Site or any Content or services that may appear on this Site and may not impair in any way the integrity or operation of the Site. Without limiting the generality of any other provision of these Terms and Conditions, if you default negligently or wilfully in any of the obligations set forth in these Terms and Conditions (including our Privacy Policy), you shall be liable for all the losses and damages that this may cause to Birch & Brook, its affiliates, partners or licensors.

YOUR ACCOUNT

You warrant that the personal information which you are required to provide when you register is true, accurate and current in all respects. See our Privacy Policy regarding the treatment of your personal information.

You are responsible for ensuring that the personal information you provide to us is up to date. If your personal information changes then please notify us immediately by contacting Customer Service on the following number +44 (0) 7866 568 470 or email info@birchandbrook.co.uk

Alternatively, you can update your details through My Account page.

You are responsible for maintaining the confidentiality of your account and password and for taking all reasonable measures to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. If you have reason to believe that your password has become known to somebody else, or is likely to be used in any way that is unauthorised by you, you should contact us immediately. If you forget your password we will reset it upon your request and send it to the email address, which you specified when you registered. Your account can be cancelled at any time by contacting Customer Services on the following number +44 (0) 7866 568 470 or email info@birchandbrook.co.uk

You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use. We reserve the right to refuse service and/or terminate accounts without prior notice if you violate these Terms and Conditions or if we decide, in our sole discretion, that it would be in Birch & Brook Ltd’s best interests to do so.

THIRD PARTY LINKS

We are not responsible for the content of any off-Site pages or any other Sites linked to or from the Site. Links appearing on the Site are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, product, service, or supplier. Your linking to or from any off-Site pages or other Sites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-Site pages or any other Sites linked to or from the Site, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and Sites, including, without limitation, their privacy statements and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-Site pages and other Sites that you visit.

COMPLAINTS

If you wish to complain about any matter in respect of the goods please contact Customer Services on the following number +44 (0) 7866 568 470 or email info@birchandbrook.co.uk.

DISPUTES

Your use of this Website and any purchase by you of any goods from Birch & Brook Ltd shall be governed by English law and the parties hereto submit to the exclusive jurisdiction of the English courts.

GENERAL

You acknowledge and agree that these Terms and Conditions, which include our Privacy Policy, constitute the complete and exclusive agreement between us concerning your use of the Site, and supersede and govern all prior proposals, agreements, or other communications. We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on the Site. Any changes are effective immediately upon posting to the Site. Your continued use of the Site constitutes your agreement to all such Terms and Conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site.


Privacy

When you shop on our website, we may collect personal information you input when you are placing your order. This information may consist of: name, address, phone number, delivery address, email address, credit card details and details of the items you have ordered. We use this information in a number of ways:

  • To ensure the smooth processing & delivery of your order, or to contact you if there is a problem with your order
  • To allow us to make any subsequent visits you may make to our website as easy as possible, meaning you don't have to resubmit certain information each time you shop with us
  • To occasionally contact you should we have any offers or information related to the goods you have previously purchased with us
  • To profile our customer database in order to help us improve our service and product range and to help us attract similar customers:  this may involve working with third party analysis companies

Our customers’ privacy is of the utmost importance to us, and we will never release your details to third party organisations for the purpose of marketing or communications without your prior agreement. Birch & Brook operates a positive OPT IN option for anyone choosing to receive marketing information from carefully selected third parties. We will occasionally contact you via email or mail about Birch & Brook products and services that we believe would be of interest and benefit to you, based on your previous activity on our website. If you would prefer not to receive this information, you can OPT OUT at any time. Birch & Brook strictly complies with the requirements laid down by the Data Protection Act 1998, and the Distance Selling Directives and are therefore obliged to ensure that your personal data is kept secure and up to date, and to respect your wishes. You may contact us at any time to request a copy of all data and information we hold on you as a customer. You may also contact us to amend or update your details at any time by calling us on 07866 568 470 You can amend your personal account details by logging into your account.

When you access our website we will use cookies. Cookies are tiny text files that identify your computer to us. This helps us personalise our website to your best interests. Without cookies we wouldn't be able to recognise you, make recommendations, update you basket or allow you to automatically update previously added information. Cookies enable any purchases you make on our website to be quicker and easier. Cookies cannot read any other information that may be stored on your hard drive, or access any other information about you or people who may use your computer. Only Birch & Brook can access the information provided by these cookies.