The Brayley website Terms and Conditions for use. These Terms and Conditions apply to the use of this website at www.brayleys.co.uk and set out the agreement and relationship between Brayley (referred to hereafter as 'us' 'our' or 'we') and the user, (hereafter referred to as 'you' or 'your'). By accessing this website, you imply you agree to be bound by these Terms and Conditions. If you do not accept these terms, please do not use this website. The www.brayleys.co.uk website is operated by: Brayley Motor Group Registered office: Lyon Way, Hatfield Road, St Albans, Hertfordshire AL4 0LQ Company registration: 4630552.
1.1 You will be able to access most areas of this Website without entering your details with us. Certain areas of this Website are only open to you if you enter your details.
1.2 We may revise these terms and conditions at any time by updating this posting. You should check this Website from time to time to review the then current terms and conditions, because they are binding on you. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages of this Website. If you do not wish to accept any new terms and conditions after we have given notice, you should not continue to use this Website.
2.1 For details of our Delivery procedure: (a) please refer to your Order Form Terms and Conditions.
3. CANCELLATION OF ORDER
3.1 If you wish to cancel your order: (a) please refer to your Order Form Terms and Conditions.
4.1 For details of our Returns procedure: (a) please refer to your Order Form Terms and Conditions.
5. REFUND 5.1 For details of our Refund procedure: (a) please refer to your Order Form Terms and Conditions.
6.1 Unless otherwise stated, you may copy and use any of the material published on this web service by Brayleys Cars Limited for the internal purposes of your organisation. However, you must personally retain any copyright notice applying to the material. You are permitted to print and download extracts from this Website for your own use on the following basis: (a) no documents or related graphics on this Website are modified in any way; (b) no graphics on this Website are used separately from accompanying text; and (c) any of our copyright and trade mark notices and this permission notice appear in all copies.
6.2 All models pictured are for illustrative purposes only and may not represent the full specification. Some individual items may have more specific terms and conditions associated with them. In this case, those specific terms and conditions will apply to that item in place of our general permission above. If any material published on this service is not the copyright of Brayleys Cars Limited, then your rights in respect of that material will be as defined by the original copyright owner of the material concerned.
6.3 Unless otherwise stated, the copyright and other intellectual property rights in all material on this Website (including without limitation photographs, text, design, layout, look, appearance and graphical images) are owned by us or our licensors. For the purposes of these terms and conditions, any use, reproduction, publishing, duplicating, copying or modifying of extracts from this Website other than in accordance with clause 6.1 above for any purpose is prohibited. If you breach any of the terms in these terms and conditions, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.
6.4 Subject to clause 6.1, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.
6.5 The design, layout, scheme or theme are subject to change without notice. 6.6 Any rights not expressly granted in these terms are reserved.
7. SERVICE ACCESS
7.1 Whilst we will make all reasonable endeavours to maintain continuous and secure access to our website and its services, the operation, availability of the website and services may be interrupted for maintenance and/or repair, or interfered with beyond our control or by system failure and cannot give any warranties or guarantees nor shall we be liable in contract, tort or negligence in respect of your inability to access the website.
7.2 Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
8. VISITOR MATERIAL AND CONDUCT
8.1 brayleys.co.uk will not pass on your personal details to any third party. We will never ask for personal details via email. If you receive an unsolicited email asking you for your brayleys.co.uk log in details, please contact us immediately.
8.2 You are prohibited from posting or transmitting to or from this Website any material: (a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; (b) for which you have not obtained all necessary licences and/or approvals; (c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; (d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data). or (e) otherwise unlawful, illegal, fraudulent or in connection with any unlawful, illegal, fraudulent purpose or activity
8.3 You may not misuse the Website (including, without limitation, by hacking). 8.4 We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of clauses 8.2 or 8.3.
9. LINKS TO AND FROM OTHER WEBSITES
9.1 Links to third party websites or advertisements on this Website are provided solely for your convenience. If you use these links, you leave this Website. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and we shall not be liable in any way for any content on or in linked websites.
10.1 We may make changes to the material on this Website, or to the products and prices described in it, at any time without notice.
10.2 The information contained in this website is intended for general use. While we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, prices services, or related graphics contained on the website for any purpose with the sole exception of terms implied in Law. Any reliance you place on such information is therefore strictly at your own risk.
11.1 We, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website.
11.2 Nothing in these terms and conditions shall exclude or limit our liability for (i) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable law.
11.3 If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
11.4 You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this Website, or the use by any other person using your registration details.
12. GOVERNING LAW AND JURISDICTION
12.1 These terms and conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the English courts.
12.2 We do not warrant that materials/items for sale on the Website are appropriate or available for use outside the United Kingdom. It is prohibited to access the Website from territories where its contents are illegal or unlawful. If you access this Website from locations outside the United Kingdom, you do so at your own risk and you are responsible for compliance with local laws.
13.1 You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions
13.2 If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect.
13.3 Only the parties to these terms and conditions may seek to enforce them under the Contracts (Rights of Third Parties) Act 1999. Brayley Motor Group Registered office: Lyon Way, Hatfield Road, St Albans, Hertfordshire AL4 0LQ Company registration: 4630552.