This agreement applies as between you, the User of this Website and Brightways, the owners of this Website. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions you may choose to exit this website.
Intellectual Property Rights
Subject to the exceptions these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Brightways and, our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.
You may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given express written permission to do so by Brightways management. Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable. You may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier. Material from the Website may be re-used without written permission where any of the exceptions detailed in chapter 3 of the copyright designs and patents act 1988 apply.
Use of Communications Facilities
When using the enquiry form or any other System on the Website you should do so in accordance with the following:
You must not use obscene or vulgar language, submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist; You must not submit Content that is intended to promote or incite violence;
It is advised that submissions are made using the English language as we may be unable to respond to enquiries submitted in any other languages. The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws.
You acknowledge that Brightways reserves the right to monitor and may retain copies and communications made to us or using our System.
In order to procure Services on this Website and to use the enquiry form, you are required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Website as we may not require payment information until you wish to make a purchase. By continuing to use this website you represent and warrant that:
All information you submit is accurate and truthful and you have permission to submit Payment Information where permission may be required; and you will keep this information accurate and up-to-date. Your creation of an Account is further affirmation of your representation and warranty.
It is recommended that you do not share your Account details, particularly your username and password. Brightways accepts no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
Purchase Order and Payment Terms
Your order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending you the proforma invoice or agreement in principal, i.e. verbal or email.
All goods will be supplied against a proforma invoice unless otherwise agreed. Payment is to be made within agreed days from the date of the invoice subject to terms being set. We understand and may exercise our statutory right of interest under the late Payment of Commercial Debts Interset Act 1988 if we are not paid according to our credit terms.
Passing of Title and Risk
All goods, delivered or not, remain Brightways property until payment is received in full. The Risk in the goods shall pass to you on delivery of goods. All unpaid goods should be clearly marked from other goods so that they can be identified as being Brightways property. Any payment received from the sale of such goods must be allocated towards Brightways unpaid invoice. In the event of non-payment by you for goods we have supplied, we reserve the right or remedy to remove the goods belonging to Brightways from your possession or from the property where goods are held or stored in accordance with our terms and conditions. You hereby grant us irrevocable license to enter your premises for the same purpose.
Services, Pricing and Availability
Whilst every effort has been made to ensure that all descriptions of Goods and Services available from Brightways correspond to the agreed artwork and order, Brightways is not responsible for any variations which have not been made available in time of the contract. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Services, not different Services altogether. In the event that Services are provided that are not in conformity with your order and thus incorrect, you should contact us within 10 working days to inform us of the mistake. Brightways will take the relevant steps to address the issue and do their best to provide a suitable solution.
Changes to the Service and these Terms and Conditions
Brightways reserves the right to change the Website, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Website following the changes. If Brightways is required to make any changes to Terms and Conditions by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.
Brightways makes no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service or Services. Whilst Brightways uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, all Users are advised to take responsibility for their own security, that of their personal details and their computers.