AGB
0. DEFINITIONS
Within these terms and conditions, the following terms will be referred to:
Seller meaning BORN & BRED LTD, 60-62 ANN STREET, BELFAST BT1 4EG
Customer / Buyer means the person or company who buys or agrees to buy goods from the Seller.
Brand Materials means the materials supplied to the Customer by the Seller (upon request) or as produced by the Customer and agreed by the Seller for use in
connection with the advertising and sale of the Goods within the Customer’s retail store(s) or otherwise (as agreed in writing in advance by the Seller) which bear
and/or incorporate the Sellers name and/or logo(s) and/or any part of its intellectual property in whole or in part;
1. GENERAL
These terms and conditions are applicable to the supply of products supplied by Born & Bred Limited t/a Born & Bred, hereafter referred as Born & Bred or Seller,
to the buyer.
Born & Bred and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics, or
the products found on the website, published on our server, or in our catalogue for any purpose. All such documents and related graphics are provided "as is"
without warranty of any kind. Born & Bred and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all
implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Born & Bred and/or its respective
suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action
of contract, negligence or other tortuous action, arising out of or in connection with the use or performance of information available from us.
The documents and related graphics published on the website or in the catalogue could include inaccuracies or typographical errors. Changes are periodically
added to the information on the website. Born & Bred and/or its respective suppliers may make improvements and/or changes in the product(s) described herein at
any time.
Acceptance of delivery of the Goods shall be deemed to be conclusive evidence of the Buyer’s acceptance of these conditions.
Any variation of these Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the
Seller.
2. PRICE
2.1 The prices payable for Products are as set out on our Website and/or in our pricelist(s) at the time you place your order, or such price as we notify you of in
accordance with clause 6. All prices exclude VAT, where applicable, and you shall, on receipt of a valid VAT invoice from us, pay to us such additional amounts in
respect of VAT as are chargeable on the supply of the Products.
2.2 All prices are exclusive of postage and packing, unless otherwise stated. Postage cost is free of charge within UK & Ireland. International postage will be
calculated at time of dispatch. International postage charges may vary depending on delivery address, weight, and value.
2.3 All international trade prices are quoted exclusive of VAT and duties.
3. PAYMENT
3.1 Payment will be due for all orders in advance of delivery unless we have, at our discretion, agreed credit terms with you.
3.2 If we have agreed credit terms with you, you should make payment within the time limits we specify. If any sums are or become overdue your delivery may be
delayed or withheld.
3.3 Pro forma payments
Payment is accepted by bank transfer using the bank details provided by us. Once payment is made in full we will dispatch the Products to you.
3.4 Credit Account payments
Invoices will be dispatched with the order and must be paid within 30 days unless otherwise agreed by us. Any extension of credit allowed to you may be changed
or withdrawn by us at any time.
3.5 For bank transfers, please contact us for the relevant account details.
3.6 Payment shall not be considered to have been made until it has fully cleared, without deduction or withholding of any taxes, fees, charges or other payments,
in the bank account designated by us.
4. PASSING OF PROPERTY
Born & Bred shall retain the property of the goods until full payment has been made by the customer and has been received by Born & Bred from the customer's
bank.5. PASSING OF RISK
5.1 The risk in the goods shall pass to the Customer on delivery, as defined in clause 5.2 below.
5.2 Where a customer has asked for the goods to be delivered to an address other than their own company address, the customer bears the risk as soon as the
items have left Born & Bred premises.
5.3 When an order is returned to Born & Bred, the customer bares the risk of the goods and is held responsible for them until they are received by Born & Bred.
ORDER PLACEMENT
6.1 Your order value for each order must be for no less than Born & Bred’s published minimum order value before delivery charges are added. This minimum is
£250/€300.
6.2 Born & Bred’s published minimum order value may be adjusted from time to time at our discretion.
6. DELIVERY OF THE GOODS
6.1 Each order has an average 'delivery' time, which is the time it takes our chosen courier, to deliver the item. Details of the estimated delivery time are given
when you place your order. If the total delivery time for the order exceeds 30 days, it is our policy to contact the customer and inform them of this.
6.2 Born & Bred cannot be held responsible for delays in the delivery caused by the manufacturer, courier, or any other third party.
6.3 If any products in your order are not available at the time of despatch, we will inform you as to when they are expected to arrive in stock.
7. ACCEPTANCE
In the event of the Buyer representing the Goods to be defective due to faulty materials and/or workmanship only and such defects being accepted by the Seller
the liability of the Seller shall be limited to crediting the cost of or replacing the Goods but no such liability shall arise unless notification of such defect is received
in writing by the Seller within five working days of the date of the delivery of the Goods
8. RETURN PROCEDURE
8.1 If the goods are to be rejected in the time limit set in clause 7 above, the Customer shall comply with the return procedure as defined in clause 8.2, below. Born
& Bred will not accept any returned goods should the return not follow the aforementioned return procedure.
8.2 In cases where the rejection of the goods is due to a fault or defect or an error in the order (for example, the incorrect items have been sent), the Customer is
entitled to a full refund or replacement (postage charges will also be refunded). The faulty or damaged product must be returned to Born & Bred before the refund
or replacement can be issued. The customer is given up to 30 days after receipt of the order to return the goods to Born & Bred, however they must still comply -
with the Acceptance procedure in clause 7 and contact Born & Bred within 5 days of receipt to inform of the return.
8.3 In order to process a return, the customer must contact Born & Bred Customer Services by e-mail at hello@wearebornandbred.com - informing a member of
staff of the return. Goods must be returned in their original or suitable packaging, and in an unused condition, the customer is responsible for the goods until Born
& Bred receives them.
9. CANCELLATIONS
Cancellations are only accepted before the order has been despatched. If the order has been despatched prior to the cancellation, then the returns procedure
must be followed. If the procedure is not respected, the order will be considered valid, and the Customer will remain liable for the full payment.
10. FORCE MAJEURE
The Seller shall not be liable to the Buyer in respect of any claim for breach of contract loss or damage to the goods or delay in delivery of the goods if such claim
arises as a result of force majeure or any other act or occurrence beyond the reasonable control of the Seller including any act of God or government, war,
insurrection, embargoes, labour disputes, strikes, illness, flood, fire, tempest, currency control, or civil commotion.
11. LAW
These terms and conditions are governed and shall be interpreted in accordance with all United Kingdom and Great British laws. Any disputes will be arbitrated
under UK law.
12. COPYRIGHT
The content of the website and catalogue (or other printed buying material) is protected by copyright. The layout text, graphics, photos, (and layout thereof),
source code and scripts are copyright of Born & Bred. All rights reserved.
Customers may electronically copy, or print in hard copy, the website’s content for the sole purpose of placing an order, or for reference to our products and
services. Any other use of materials on the Web site and catalogue - including reproduction for purposes other than those mentioned above, modification,
distribution, or republication - without the prior written permission of Born & Bred is strictly prohibited.
Product designs are protected by copyright of Born & Bred or its suppliers.13. APPROPRIATION
The Company reserves the right to ascribe any payment to account made by the Customer to a particular invoice notwithstanding that the parties are in dispute or
the Customer is insolvent in any respect.
14. BUSINESS ADDRESS
BORN & BRED LTD, t/a Born & Bred, 60-62 Ann Street, Belfast BT1 4EG
Registered company number: NI650948
VAT number: GB 332 042 942
Telephone: +44 (0) 28 9023 0475
EORI No: GB332042942000