1.1 This website, and Bruach Cashmere, is owned and operated by Zoetrope Motion Limited (Company No. 10495514) whose registered office is at Greaves West & Ayre, 17 Walkergate, Berwick upon Tweed, TD15 1DJ.
1.2 Please read these terms and conditions carefully as they apply to how you use our website and the sale and supply of Bruach Cashmere goods to you. These T&Cs contain important information relating to the specification of our goods and form the basis of an agreement if you proceed with an order.
1.4 It is your responsibility to read these terms and conditions very carefully and understand them fully before proceeding with a purchase from Bruach Cashmere. If you have any questions about your customer rights under the Bruach Cashmere T&Cs, or require an explanation on any terms, please don’t hesitate to contact Bruach Cashmere on [email protected]
1.5 Once you have read them and if you wish to proceed with a purchase, tick the box to agree to the terms and conditions to proceed with any order you wish to make. If you are not in agreement with these terms and conditions, please stop using the Bruach Cashmere web site.
2 Basis of Agreement
2.1 Only these Conditions shall apply, no other terms and conditions are accepted, unless otherwise agreed in advance, in writing.
2.2 Each order placed by you is regarded as an offer, by you, to purchase the goods from Bruach Cashmere in accordance with these conditions.
2.4 Your order is only accepted by us when we confirm its acceptance in writing. There is no contract between you and Bruach Cashmere until we issue confirmation of our acceptance of your order.
2.5 In the unlikely event that we do not accept your order we will advise you at the earliest opportunity, and there will be no legally binging contract between you and Bruach Cashmere.
2.6 Please take care to ensure:
2.6.1 all details you submit in the order are accurate and fully complete; and
2.6.3 you are over 18 years of age.
2.7 There can be no variation to these T&Cs unless they are agreed, in writing. However, on rare occasions, there may changes to the specification of the garments supplied which would not materially affect the quality or specification of the goods.
2.8 Any accidental errors in web site text, sales literature, social media information, or other company specific documentation published / issued by us or on our website may be subject to correction without any liability on the part of Bruach Cashmere.
2.9 All statements provided by Bruach Cashmere with regards to the condition / description / specification of the supply of materials or products are our opinion only (not excluding any liability of Bruach Cashmere for misrepresentation) and are not warranted by us.
3 Description of Goods
3.1 If you require any further details of product descriptions, please contact our Client Services department by e-mail at [email protected], with your query of the details of any supplementary information needed.
3.2 Any clerical or typographical error made, which could affect your price, or the description of any items on the web site (other than very minor changes), should be notified to you to our Client Services email at the earliest time, and we will extend an opportunity to you to cancel your order.
3.3 Our goods are crafted to the highest standards to provide consistent quality. Any deviations between what is illustrated, and the actual characteristics of each product do not represent any shortcomings on the part of the ordered product. There may, for instance, be differences in colour due to differing light conditions, and the variable nature of wool in the spinning and dying process with each dye lot.
4 Our Offer & Acknowledgement and Your Acceptance
4.1 All the items from Bruach Cashmere are unique, hand crafted items, and their availability cannot be guaranteed. We will immediately let you know if we cannot accept your order once we confirm availability. Whether we accept your order depends on the availability of the product.
4.2 Any prices or descriptions of our garments on our web site do not constitute a formal offer and may be withdrawn or updated by us at any time in advance of our acceptance of your order.
4.2 We may need to withdraw products from sale, this could be for a specific reason, or we may need to reject your order (without liability), if we are unable to fulfil the order. If this very rare situation arises, please be assured we will refund any prior payment that you have made within 2 – 5 working days.
4.3. The display of our products online does not represent a legally binding offer, but a non-binding online publication. An order submitted by you constitutes an offer by you to us to purchase products on these Conditions and is subject to Bruach Cashmere indicating our acceptance.
4.4. The acceptance of your order by Bruach Cashmere is established and your contract with Bruach Cashmere formally concluded by us issuing an invoice to you and accepting your payment, whichever is the earliest.
4.5. Be assured, we keep all records of transactions of orders received, all acknowledgements and acceptances and all other contractual records for a reasonable period after acceptance. We will provide you with copies of these correspondences and transactions on written request, however you must make sure you print a copy of all such documents and keep these Conditions for your own records.
5 Your Information
5.1. You are responsible for information provided by you at the time of placing your order is 100% accurate and current sufficient for Bruach Cashmere to complete your order. You also confirm that you are over 18 years old with a legal capacity to enter into a legal contract with Bruach Cashmere.
5.2. Unless we have a previous agreement in writing, any warranties / undertakings provided by Bruach Cashmere in relation to products purchased are issued on the basis that you are a consumer. Bruach Cashmere garments are supplied for personal use only not for resale / commercial distribution. However, if you are a distributor please contact us directly.
5.3. Please do not make any assumption of warranties or obligation for Bruach Cashmere, and amendment to our T&Cs will only be by prior written consent.
6 Price & Payment Terms
6.1 Prices are indicated on our website. However, the definitive price in the event of any discrepancy, is the price that is notified to you on our acceptance.
6.2. Prices will be charged in the currency quoted on the relevant issued invoice.
6.3. We reserve the right to amend our prices to accommodate any unforeseen increases in costs (without limitation) costs. This may include change in costs of materials, postage, labour or new taxes, importation duties / levies, or to respond to variation in exchange rates. There may also be correction of mistakes in product descriptions or pricing errors prior to us dispatching your products. In this should occur, if there is a change to the price of a garment after you have placed your order, we will give you the opportunity to complete your order or not. Bruach Cashmere will not be liable to complete any orders previously placed at prices previously if there is an error. Should you choose to proceed with the order in under these circumstances, you formally acknowledge that the product will be issued to you with the revised description or updated price.
6.4. Whilst we will endeavour to fulfil deliveries to all destinations, if you are a non-EU based customer you should check with us in advance that we deliver to your territory, and your requirements for shipping taxes. Unless otherwise specified, prices quoted are:
6.4.1. inclusive of the costs of shipping or transport to the agreed place of delivery; and
6.4.2. exclusive of insurance (which, if required, we will quote for separately); and
6.4.3. inclusive of VAT (for sales to UK and EU based customers); and
6.4.4. for non-UK and EU based customers exclusive of local VAT, sales taxes and any other tax or duty which (as applicable) must be paid by you on receipt of the items.
6.5 You agree to pay for any applicable taxes, customs tariffs, import duties that may apply.
6.6 Credit or debit cards payments, and any payments via Paypal, will need to be fully cleared prior to dispatch of the ordered product(s). If full payment is not received on the due date, then Bruach Cashmere will delay delivery of the goods until the outstanding payment is received by us.
6.8 We reserve the right to verify all credit / debit card details and conduct fraud prevention or credit checks, as and when appropriate, prior to the acceptance & dispatch of your order. We may refuse to complete an order if we have specific reason to believe that any details have been supplied fraudulently.
6.9 Unless we agree otherwise, where payment is invoiced to you, each invoice shall be due and payable in full within twenty-four hours.
6.10 No counterclaim or price reduction can be applied by you from any outstanding payments without our written agreement. Bruach Cashmere reserves the right to recover the full price for any products purchased at any time after payment is due.
7.1. Where applicable, final delivery charges & timescales will be confirmed to you in our acceptance of your order before dispatch and process of your order. While we do our best to meet such timescales/dates, we do not guarantee to deliver products by a particular date or dates and are not liable for any delays or failures in delivery as a result of those factors beyond our reasonable control.
7.2. Delivery shall be to a valid address as you have specified in your order, the registered card holder’s address. However, if the goods are to be delivered to an alternative address, different to the registered cardholder's address, then proof of address will be required. You are responsible to check the delivery address on any correspondence that we provide and notify us as soon as possible if there are any errors or omissions. In addition, when placing your order, you must provide us with all information we need in to permit us to produce and deliver the goods to you. Should you fail to supply to the correct information we reserve the right to charge for any extra costs incurred by Bruach Cashmere arising from you supplying an incomplete information or an inaccurate delivery address.
7.3. We will deliver the goods to the address you have specified in your order, or any other address agreed by us in writing, and at that point the goods will be deemed to have been delivered and we will not be liable to you for non-delivery of the goods. Bruach Cashmere does not have responsibility to confirm that the person who accepts delivery at the given address is you / authorised by you, to accept delivery of the goods from Bruach Cashmere.
7.4 If you unreasonably refuse / fail to take delivery of products, all risk of damage to the products, or loss of the products shall pass to you. You will be liable pay all additional costs Bruach Cashmere incurs because of refusal / failure to take delivery;
7.5 If we are unable to deliver the goods you have ordered within the quoted delivery time agreed between us then:
7.5.1 we will inform you of this as soon as possible;
7.5.2 both parties are entitled to cancel our contract, and Bruach Cashmere will refund to you any sum paid by you, or the person by whom payment was made under the contract, no later than 30 days after the specified due date.
7.6 Any dates and times supplied for delivery of your purchases are approximate only. In some circumstances the goods may be delivered in advance of any quoted date, and Bruach Cashmere will supply written notice of updated delivery times.
7.7 Where the revised delivery date is not acceptable to you, you must contact us in advance to permit us to supply an alternative acceptable delivery date. If you fail to respond to the revised delivery date, we will assume it is acceptable and we will charge you for all reasonable costs of storage and abortive delivery costs incurred by Bruach Cashmere.
7.9 As soon as we have delivered the goods to you, you will be responsible for them, and any risk of loss of or damage to the products passes to you on delivery or when placed in your possession.
7.10If you provide or chose an alternative carrier / courier, then any risk of loss of or damage to the Bruach Cashmere products will pass to you when in the possession of any specific carrier or transport provided by you.
8 Return of Bespoke Items
8.1 You are welcome to return an order with Bruach Cashmere within 28 days of delivery of the garment.
8.2. If you intend to return any items, you must return the garments, unworn, undamaged, and in their original condition, including all garment tags and brand packaging, so as to ensure the garments are returned to us as safely as possible. This includes all original paperwork and proof of purchase. Please be aware, that we may not be able to process a refund without the return paperwork.
8.3 Except as set out in these Conditions, and subject to any rights you have under applicable law (that cannot be excluded or limited by us), you are also entitled to reject garments we have supplied where:
8.3.1 damage to or loss of products or any part or an order in transit (where the order is transported by us or our agents) where this is notified to us promptly on you becoming aware of the same; and
8.3.2 defective or faulty products where you have notified us in writing as soon as possible upon such defect or fault becoming apparent.
8.4 You are responsible for checking your product order straight away upon delivery and confirming that the product(s) is/are as per their description, and your order is complete.
8.5 Please note, should you decide you need to return any goods you are responsible for the cost of the return consignment.
8.6 Any damage to our products in transport needs to be supported by photographic evidence at the point of delivery.
8.7 Where we are notified of failure to deliver, or a defect of a product, then we will:
8.7.1 make good any such shortage or non-delivery; and/or
8.7.2 if there are damage / defects in the products in accordance with the Bruach Cashmere returns policy:
1. replace or repair the product upon you returning the product to us; or
2. refund the price paid if of any product(s) are confirmed to faulty.
8.8 We take all measures to ensure that photographs on our website are accurate representations of the true colour of our products, it is possible due to the natural materials of our garments, there may be a slight variance I colour, for which we will not offer a replacement or refund.
8.9 Your rights to have a product replaced or repaired or to seek a refund under these Conditions may be lost or rendered void where you fail to notify us immediately upon delivery or a defect/fault becoming apparent or where a product is damaged or rendered defective/faulty due to:
8.9.1 normal wear and tear;
8.9.2 user negligence;
8.9.3 products being mistreated or used other than for their intended purpose; or
8.9.4 failure to observe care instructions, notices or warnings provided with the products.
8.10 Where provided, all packaging (such as wrapping and labelling) should be included with your return, and the item(s) must be returned from the country they were shipped to, along with the returns form sent by Bruach Cashmere. This is to ensure that item(s) are returned to us safely. Please note that Bruach Cashmere will not refund any item(s) that are returned to us without the Bruach Cashmere returns documentation.
8.11 Bruach Cashmere recommends that you insure your return parcel because you have a responsibility to take reasonable care of the items you have ordered and are liable for any damage to the items until we receive them. In the unlikely situation of a dispute, we strongly recommend you obtain and retain proof of sending. Bruach Cashmere is not responsible for the loss for any item(s) you have elected to return.
8.12 When you arrange the return of a garment you must take care to safeguard the garment in transit and Bruach Cashmere recommends that you use a reputable courier / carrier. When in possession of any product for return, you the customer, is responsible to take reasonable care of it.
8.13 Bruach Cashmere reserves the right to exercise any legal remedies, and to claim full payment where garments have damaged (and are unfit for resale) in your possession. Also, where you refuse or fail to return the garments, or make them available for collection as previously arranged.
8.14 If you have any questions or queries about returning items, please do not hesitate to contact us either by telephone on +44 (0) 7506756109 or by email at [email protected] and our team will be pleased to help you.
9 Worldwide Shipping: Consents, Duties & Export Requirements
9.1. As a customer from outside the EU, your purchase may be subject to customs charges, import duties and taxes, which are specific to your destination, and are applied only when the garment reaches your destination. All additional clearance charges and import duties / taxes must be met by you. You, the customer, shall obtain all licences and consents for worldwide shipping at your own expense. This applies also to any country / region specific licences and governmental consents, which are required for the import of the garments by you.
9.2. You, the customer, is fully responsible for complying with the regulations and for payment of any duties (and laws) on the products where you are resident or take delivery.
9.3. If you are in any query as to what these charges entail, then Bruach Cashmere you are advises you to contact the customs office in the relevant country where you wish to have the products delivered, and they can advise you on specific local information on their customs policies / duties.
10.1 You are communicating electronically when you visit our website or send e-mails to us. In response, we may communicate with you by e-mail. After which, you agree that all further communications that we supply electronically will satisfy the requirement that communications be in writing.
10.2 Any notices required under our contract shall be in writing, and those notices may be delivered to the other party by hand, recorded mail, or electronic mail.
10.3 For the purpose of these T&Cs, and our contract, correspondence can be sent to us:
10.3.1 by post to: Zoetrope Motion Ltd, T/A Bruach Cashmere, Registered Office c/o Greaves West & Ayre, 17 Walkergate, Berwick upon Tweed, TD15 1DJ; or
10.3.2 by electronic mail to: [email protected]; or
10.3.3 to any other address supplied to you in writing.
10.4 Correspondence shall be deemed to have been received:
10.4.1 at the last known address of the other customer, and the delivery address;
10.4.2 sent by post to the last known address of the customer, and on the day on which it was posted; or
10.4.3 sent by electronic mail to the last known electronic mail address of the customer, and on the day it is sent.
11 Warranties/ Guarantees
11.1 We make every effort to ensure that our orders are securely packaged for delivery, to ensure they reach you in perfect condition. We warrant that the goods will correspond with their description and will be free from defects in quality, material workmanship and condition at delivery.
11.2 We disclaim all implied warranties regarding information, services and materials contained on this web site (or the maximum extent permitted by law). All such information, services, and materials provided by Bruach Cashmere is “as is” and “as available” without any warranty of any kind.
12 Limits of Liability
12.1 It is possible that this website may not be compatible with your browser configuration, and we make no warranty that it is.
12.2 Bruach Cashmere will accept all liability if something we do causes death or personal injury.
12.3 We are also responsible for loss caused by:
12.3.1 the goods not matching our description of them on the web site. Please note that due to the natural materials, and processes in the making of our pieces, all products may vary in colour and detail;
12.3.2 the goods not being fit for the purpose; or
12.33 Bruach Cashmere not having the legal right to sell the goods to you.
13.1 If you have a complaint about Bruach Cashmere goods or service, please contact us:
13.1.1 in writing in accordance with Condition 17 to Bruach Cashmere, Registered Office: c/o Greaves West & Ayre, 17 Walkergate, Berwick upon Tweed, TD15 1DJ; or
13.1.2 by email to [email protected]; or
13.1.3 by telephone on +44 (0) 7506 756109.
13.2 We are committed to resolve any disagreements or problems quickly and efficiently. As a result, we will always try to respond in writing to your complaint within 7 working days on receipt. Our response will detail:
13.2.1 our course of action in light of your complaint;
13.2.2 our estimated time to resolve your complaint; and
13.2.3 the direct contact details of a person at Bruach Cashmere who will be your main point of contact.
13.3 Within 7 days of our initial response we shall inform you of our full response to your complaint and our proposal for a resolution.
14 Statutory Rights
14.1 You have statutory rights for the repair / return / replacement of any defective or mis-described goods and the failure to carry out our obligations in terms of Customer Service. Nothing in these terms and conditions affects those statutory rights.
14.2 Please contact your local authority Trading Standards Department or Citizens' Advice Bureau for detailed information about your statutory rights
15.1 Bruach Cashmere owns the copyright in and for the operation of this Bruach Cashmere website and our Bruach Cashmere social media accounts. Any photographs illustrated on our website and social media have been reproduced by us with the permission of the copyright owner. No one may copy, reproduce, republish, upload, post, transmit or distribute any material from the Bruach Cashmere website, or any of the Bruach Cashmere social media accounts, without written permission. All trademarks and trade names are the property of Bruach Cashmere (or are used with the permission of the trademark owner). Legal action will be enforced if there is an infringement of any copyright or trademarks from this website.
15.2 This website may include links to sites operated by other parties, but we are not responsible for examining or evaluating them and their inclusion does not imply our endorsement of their material. You therefore agree that Bruach Cashmere will not incur any liability in respect of the content of any site accessed through a link contained on this website.
15.3 You are not permitted to assign our contract, in part or whole, to any other person without written consent. Bruach Cashmere may assign, sub-contract our contract, in part or whole to any person, firm or company.
15.5 If any provision of our contract is found by any administrative body, tribunal or court of law, to be partially or wholly unreasonable / illegal then such obligation (or relevant part) shall be separated from our contract and the remaining obligations of the contract and the remainder of such provision shall continue in full force and effect, provided the overall effect of the contract is more or less the same.
15.8 The parties to this contract do not intend that any term of this contract will be enforceable by the Contract (Rights of Third Parties) Act 1999 by any person that is not a party to it.
15.9 Bruach Cashmere website is controlled from England and Bruach Cashmere terms and conditions, and your use of this website, and the purchase of the goods via the website, are controlled in accordance with the laws of Scotland, England and Wales.
16.1 When you visit our website or correspond with us via e-mail, you are communicating electronically. In turn, we may communicate with you by e-mail. You agree that all communications that we supply in an electronic format will fulfil any requirement that such communications be in writing.
16.2 All notices under our contract shall be in writing. These may be delivered to the other party by recorded first class post or electronic mail.
16.3 For the purpose of these Conditions and correspondences can be sent to us:-
16.3.1 by post to: Zoetrope Motion Ltd, T/A Bruach Cashmere, Registered Office c/o Greaves West & Ayre, 17 Walkergate, Berwick upon Tweed, TD15 1DJ;
16.3.2 by electronic mail to: [email protected]; or
16.3.3 to any other address that we may notify to you in writing.
16.4 Notice shall be deemed to have been received:
16.4.1 at the last known address of the other customer, and the delivery address;
16.4.2 sent by post to the last known address of the customer, and on the day on which it was posted; or
16.4.3 sent by electronic mail to the last known electronic mail address of the customer, and on the day, it is sent.