Terms & Conditions
TERMS AND CONDITIONS OF SALE
1. Information about the Website and the Goods
Please read these terms and conditions of sale (“terms of sale”) carefully. These terms of sale apply to you, the user of www.briminis.com (also accessed via www.brimshade.com and www.brimshades.com) (the “Website”) and the purchaser of goods (“you”), and your purchase of any products from Briminis and Danko Innovations LLC (“Briminis,” “we” or “us”), through the Website. These terms are subject to change without prior written notice at any time, in Briminis' and Danko Innovations LLC sole discretion. By placing an order for products through the site, you agree to be bound by and accept the terms and conditions of sale in effect at the time of such order. All sales are expressly conditioned upon your agreement to these terms of sale.
a. We try to make sure that all information on the Website, including descriptions of our goods and listed prices, is accurate and correct at all times. However, mistakes do happen. We will try to resolve all errors in information on the Website as soon as reasonably possible and if We think that such an error has affected your order We will make all reasonable efforts to notify You via the contact information You provided to us on your account or during your order.
b. Buying goods over the internet provides a different shopping experience from buying in-store. In particular, please be aware that: (i) the colors of goods as shown on the Website will depend on many factors – including your display settings; (ii) the actual sizes and shapes of the goods may differ from how they appear on your screen; (iii) pictures and images on the Website are for illustration purposes only – for an accurate description of any item and details of what is included with the item, please refer to the corresponding written description; (iv) all goods are subject to availability and We may not be able to fulfill your order; (v) We will do our best to arrange delivery of your goods within a reasonable time of ordering and the ship date as set out in the shipping confirmation email, but please note that all tracking information is provided to Us by our delivery service provider and are estimates of delivery only (more information about delivery is provided below); (vi) We reserve the right to adjust prices, goods and special offers at our discretion
c. If at any time you have any questions or concerns, please contact us at info@briminis.com
2. Purchasing Goods
a. Placing your Order
i. By placing an order with us, You represent and warrant that You are legally capable of signing binding agreements.
iii. When You place an order for goods via the Website, your order constitutes an offer to purchase goods from Us. Where You order more than one item, your order comprises a series of offers for each item individually.
iv. After placing an order with us, you will access an order confirmation webpage and receive an order confirmation email (together the “Order Confirmations”). The Order Confirmations set out the final details of the order which you have submitted to the Website. Please take care when placing your order, as you will be unable to add to or amend your order after we send the Order Confirmations.
b. Order Acceptance
i. Although we hope to be able to supply all goods ordered, we reserve the right, at our sole discretion, not to accept any offer. Should we reject your order, we will notify you as soon as reasonably possible (and, if payment has occurred, we would refund your payment).
c. Payment
i. We will take payment from your credit card, debit card or Paypal account and other future forms of payment available at the time your order is shipped. You will receive an email or post mail detailing what items have shipped from your order (the “Invoice Email”). If your order is split into multiple shipments, we will charge you only for the items actually shipped at that time.
ii. Except where otherwise set out in these Terms and Conditions of Sale, the price payable by you for the goods is the price given by the Website at the time you place your order. Applicable taxes and the delivery fee will be added at the time you place your order, but will not affect the base price of the goods.
d. Shipping and Delivery
i. We will send you your Order Confirmation e-mail.
ii. The goods will be delivered by a delivery service provider to the delivery address specified by you during the order process. Once the goods have been delivered to the address you provided, you become the owner of those goods and from that point they will be at your risk. This means you will be liable for any subsequent damage, loss or destruction.
iii. Briminis.com orders can be shipped within the United States. Non U.S. shipping destinations require pre-approval from Briminis before placing your order. A pre-approval request requires you sending an email to info@briminis.com outlining the details of your order request and shipping address. Shipping destinations outside the United States may or may not be approved.
iv. Please allow up to 4 business days for your order to process before it ships and 3-10 days for delivery. We do our best to ensure timely deliveries, but please note that shipments can occasionally be delayed due to major holidays or unforeseen circumstances.
a. Limitation of Liability. IN NO EVENT SHALL BRIMINIS OR DANKO INNOVATIONS, LLC OR ANY OF OUR AGENTS, EMPLOYEES, OWNERS, AFFILIATES OR PARTNERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEBSITE, OR ANY GOODS PURCHASED FROM THE WEBSITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE. NOTWITHSTANDING THE FOREGOING, TOTAL LIABILITY OF BRIMINIS OR DANKO INNOVATIONS, LLC FOR ANY REASON WHATSOEVER RELATED TO USE OF THE WEBSITE OR GOODS PURCHASED FROM THE WEBSITE SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO US IN CONNECTION WITH THE SUBJECT MATTER OF THE PARTICULAR DISPUTE.
b. Warranties.
(I) THIS WEBSITE AND ALL GOODS PURCHASED BY YOU THROUGH THE WEBISTE ARE PROVIDED ON AN “AS-IS” BASIS; AND (II) BRIMINIS MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE WEBSITE OR ANY GOODS PURCHASED BY YOU THROUGH THE WEBSITE FOR ANY PURPOSE, AND EXPRESSLY DISCLAIMS ALL EXPRESS WARRANTIES OR WORRANTY OF FITNESS FOR A PARTICULAR PURPOSE.
c. Events Beyond Our Reasonable Control (Force Majeure). We will not be responsible for any delay or failure to comply with these Terms of Sale or the Additional Policies if the delay or failure arises from any event which is beyond our reasonable control. Such events would include (but are not limited to) fires, floods, earthquakes, storms, hurricanes, natural disasters, war, civil unrest, acts of terrorism, theft or malicious damage to or destruction of our premises, equipment or goods or by reason of any act done pursuant to a trade dispute or shortages of labor.
d. Waiver. Delay in our exercising or our failure to exercise any right or remedy under these Terms of Sale, shall not constitute a waiver of our rights and remedies under these Terms of Sale.
e. Invalidity. In the event that one or more of the terms set out in these Terms of Sale or in the Additional Policies is held to be invalid by a competent authority, the remaining terms of the Terms of Sale and the Additional Policies shall continue to have effect and you will still be bound by them.
f. Privacy. Personal information, such as your contact details, that you provide to us during the order process will be kept and used by us and will not be sold or distributed outside of our organization.
3. Returning Goods
a. Within 30 days of receipt of your order, you may return a pair of qualifying Briminis in its original condition with original packaging in new and saleable condition. (Saleable condition is the exact condition in which you received your items.) Returns must be shipped back within 30 days of receiving your items. Shipping costs will not be refunded.
c. We explicitly reserve the right to reject any order or cancel any purchase at any time in the following cases, subject to any applicable refund: (i) the goods are not available/not in stock; (ii) the data you provide to us in connection with your purchase is incorrect or cannot be checked; (iii) your order is marked as suspicious or otherwise suggestive of fraud or illegality by our security systems; (iv) we have reason to believe that your purchase is intended for a further commercial activity; (v) there has been an error in the indicated price of the goods; (vi) we have reason to believe that you are under 18 years old and do not have parental consent; or (vii) we cannot deliver the goods to the address you have provided.
d. If any goods have been delivered and found to be wrongly described, or are damaged or faulty and we cannot remedy the fault to your reasonable satisfaction, then these goods can be returned, provided that you notify us of the alleged defect in within 30 days after the goods has been received
4. Electronic Receipt of Communications
a. Your consent to receipt of electronic communications Your Consent. To the extent permitted by applicable law, you consent to electronically receive all records, notices, statements, communications, and other items for all services provided to you under these Terms and in connection with your relationship with us. By accepting and agreeing, you represent that you have read and understand this consent to use electronic signatures and to receive Communications electronically.