Terms & Conditions
These terms and conditions describe the basis for your use of and any purchase made by you and sale by us of the goods described on this website www.brandalley.co.uk (the "Website").
1. Definitions
1.1 In these terms and conditions (updated 16th November 2009):
 
"BrandAlley", "we", "our" and "us" means BrandAlley UK Limited (Company Number 3885013), whose registered office is at 1 Virginia Street, London, E98 1XY.
 
"User" and "you" means any user of the Website including any user who makes a purchase through the Website (a "Buyer").
 
References to the term "shipped", means the point at which an item or goods are despatched from our Warehouse.

References to the term "delivery time(s)" or "delivery date(s)", means the indicative period from the carrier/delivery agent to you.
2. Formation of agreement
2.1 An agreement governing your use of the Website, all stages of the process and our sale of goods when we receive confirmation of your order is made on the basis of these terms and conditions.  (This agreement between us is referred to in these terms and conditions as this "Agreement".)

 

2.2 Buyers must be over the age of 18 years old and have full legal capacity.
 
2.3 We reserve the right to modify this Agreement; the terms and conditions in force at the time an order is confirmed will govern any particular order. We will keep a record of terms and conditions and dates of any changes made and we recommend that you print a copy of these terms and conditions by clicking on the 'Terms & Conditions' link at the bottom of the page.
 
2.4 BrandAlley is a specialist online retailer offering products including designer clothing and accessories, beauty products and homeware at discounted prices to registered members. All sales are limited in terms of time and stock and all orders are subject to availability. Due to the nature of our stock, we may have to wait to receive items from our suppliers, consequently whilst we would use our best endeavours to despatch items within the indicated delivery times, orders may sometimes take longer and we will advise Buyers of the status, where applicable.

2.5 Payment will be deducted from your credit card/Paypal account within 4 days of an order being accepted (including weekends and bank holidays).
3. Registration
3.1 Before you start to navigate through the Website, you have to complete the on-line registration form to become a registered member. All personal data collected will be used in accordance with our Privacy Policy (see clause 24).
4. Placing an order
4.1 To place an order, you should select the required item(s) and add to the basket by clicking on the 'Add to Basket' link.  You can review the selected item(s) at any time by clicking on the 'My Basket' link and then continue shopping by clicking on the 'Continue Shopping' link.  Once you have completed your shopping, please click on the 'Place Order' link. Items will only be held in your basket for 15 minutes before releasing back into stock. After 15 minutes, your basket will be automatically emptied and you will need to recommence the ordering process.

4.2 You must confirm your delivery address to access the purchase order, which contains a summary of the information related to the item(s) ordered, quantity, price, total and your other details along with the delivery address.  It is your responsibility to notify us if any of the information is incorrect as failure to do so may result in non-delivery of any ordered items.

4.3 Each order constitutes a separate transaction and we are not able to consolidate separate transactions into a single order or delivery.  If you would like to order multiple items for delivery at the same time, you must ensure that all of these appear on the order before you confirm your order. Unfortunately, we can not consolidate delivery charges for more than one order placed.

4.4 Orders shall be accepted at our sole discretion but are normally accepted if the item(s) is/are available, the order reflects current pricing, you are based in the United Kingdom or the Republic of Ireland and your credit or account card is authorised for the transaction.  Sales may not apply to all territories, where applicable this will stated in sale. No orders can be accepted or processed after the sale has ended.

4.5 All orders are subject to acceptance and availability. In the event that an item is out of stock, you will be informed as soon as practically possible once we are made aware by our suppliers.  The order relating to the unavailable item will be cancelled and a full refund will be made including any delivery charges.  Where your order is for multiple items, the rest of the order will remain valid (including all delivery charges). Notification will be sent to you via an Email to the address provided at registration, confirming that your refund has been processed. It will take a minimum of 5 days from receipt of such Email for the refunds to appear in your bank account.

4.6 All orders have to be placed through the Website. BrandAlley are unable to process any manual payments or orders. BrandAlley are also unable to amend orders after it has been placed and confirmed through the Website.

4.7 Once your order shows 'In progress', 'Shipped', 'Dispatched' or 'Immediate Dispatch', no amendments or change can be made to the address details for delivery.

4.8 Cancelled orders can not be reinstated.

4.9 Items with age restrictions, such as knives and alcohol, will require proof of age. It is against the law to sell or supply intoxicating substances or to sell any knife, knife blades or razor blade to persons under the age of 18 years of age in the UK or ROI. By placing your order you confirm that you are at least 18 years old. We shall contact you via telephone to verify your age, if we require documentation to support the purchase we will require that valid indentification such as driving license, passport or birth certificate, are faxed to us. Should we deem that the identification is not valid or identification can not be provided for the purchase we may cancel the order. The courier may request indentification at the point of delivery to verify the purchaser's age. Where such identification can not be provided or the courier is not satisfied at the age of the recipient the courier may delivery.
5. Pricing and Payment
5.1 All items are priced in pounds sterling (£GBP) and are exclusive of delivery charges which will be indicated to you during the ordering process. 

5.2 We reserve the right to modify our prices at any time but the items will be charged at the rate which was current at the time the order was placed. 

5.3 The original recommended retail price (RRP) quoted in the description of an item is the price provided by our supplier as the full selling price of the item when the item was originally in the supplier's distribution network.  This price is provided for comparison purposes only.

5.4 Once you have reviewed your order and provided the required personal details, you will be required to click on to 'Checkout' to pay by credit card or Paypal.  Payments will be processed through a secure payment service by Ogone. The Ogone website is secured by SSL encryption (Secure Socket Layer), signed by VERISIGN, an accredited certification service provider, to protect the confidential details provided for payment.  At no time will the User’s payment details be transferred or stored through BrandAlley’s electronic system.  Payment will be deducted within 4 days of an order being accepted.

5.5 In the event that payment cannot be made in accordance with section 5.4, the order will not be processed and will automatically be cancelled.

5.6 All refunds are made to the original card or payment source. The card or account details are not able to be amended for audit and fraud purposes.

5.7 Should a refund be rejected for any reason, by either BrandAlley's bank or the Buyers bank, Customer Services will contact you to discuss alternative methods/options for your refund.
6. Acceptance of your order
6.1 Once the payment has been accepted, the order cannot be edited.

6.2 We will confirm receipt of your order to the email address you provide at the time of registration. It is recommended that you retain the email or print out the confirmation of the order.
7. Delivery Dates

7.1 We will provide you with an indicative delivery date at the time of ordering; in most cases the delivery date will be within twenty-eight (28) days from the date of your order.  Delivery times are estimates only and we will not be held liable in anyway for the late delivery of goods.

7.2 All items will be delivered to your registered address or, where requested by you as part of the order process, to another address selected for that particular order. It is your responsibility to give us the full and correct delivery address details. We are not able to deliver to PO Box numbers and can not receive amendments to the delivery address once the 'In progress', 'Shipped', 'Dispatched' or 'Immediate Dispatch' is shown for your order.

7.3 Following the shipment of the order from us, you will receive an e-mail specifying the tracking number for your parcel which you can use to track the parcel on the website of our designated courier.  The parcel will usually be delivered to you within three (3) business days of the e-mail containing the tracking number. 

7.4 As per the terms and conditions of our carrier, parcels may be left with neighbours or at a local Post Office. The courier will notify you by calling card.

8. Method/Failed Delivery
8.1 If you are not present at the time of delivery, a delivery note will be left inviting you to contact the courier directly in order to arrange re-delivery at a convenient time or will advise if you parcel has been left with a neighbour or your local Post Office. We are unable to resend packages that are returned to us as undeliverable. We will refund you for the value of the goods ordered but not for the delivery charge.

8.2 If after five (5) business days following notification of the tracking number, you have not received the parcel or a delivery note, you must contact our Customer Service team either by phone or e-mail. If the parcel is found, it will be sent to you immediately. In the event that the parcel has been lost, we will refund the total amount of the order including delivery costs.

8.3 For any failed delivery attempts of any order, BrandAlley will not be liable for any additional charges incurred by you for further delivery attempts after the first attempted delivery.

8.4 Delivery for ages restricted items such as knives and alcohol may require identification at the point of delivery  to verify the purchaser's age. Where such identification can not be provided the courier may refuse delivery.
9. Delivery non-conformity

9.1 We take care when dispatching orders but we recommend that when you receive your order, you carefully check  the item(s) received.  Any problem with the order should be notified to BrandAlley’s Customer Service team, within 5 working days of receipt. If the delivery box/packaging is damaged, please ensure that you note this in writing on the proof of delivery sheet.

9.2 We request that you return any incorrect or defective item, including 'corked'  wine is reported and then returned to us as soon as possible in accordance with section 10 below. If you have ordered alcohol and the bottle is broken on delivery, this must be noted on the delivery signature note (POD) so that we can process your claim as quickly as possible.

9.3 Due to the nature of the goods supplied by BrandAlley (see clause 2.4) we are normally unable to provide replacements for incorrect or defective goods or undertake repairs. Subject to a full investigation by us with our supplier, should your item be found to be defective, we will provide a full refund including delivery costs for a defective, incorrect or missing item (delivery costs will only be refunded where the full order has been found to be defective).

9.4 There is no specified period for how long such an investigation may take and this will vary according to the product and supplier. You will be given an indication of the estimated investigation time at commencement of the process.

10. Returns policy

10.1 Our returns policy does not affect your legal rights under the Distance Selling Regulations or other legislation. In order to return an item for whatever reason, we request that you contact our Customer Service team within eight (8) working days of receiving an order (some exclusions apply, see clause 10.4 below). BrandAlley will then provide you an authorisation number and address for processing the return. You then have a further eight (8) working days from the date of being provided with an authorisation number to return your order to BrandAlley. Four days of this period  should be allowed for postage, so please ensure your item is posted within four (4) days of receipt of your authorisation number.

10.2 You must return the item(s) in their original condition and packaging (including all garment tags/designer tags which should be attached and dust bags in the case of handbags) and should be unused. BrandAlley reserves the right to refuse or to reduce a refund on any item(s) which are incomplete, damaged, dirtied or unsaleable or which have not been returned to BrandAlley in line with the specified return procedure. It is your responsibility to ensure the returns forms emailed to you is enclosed with the parcel for ease of identification. Should you fail to enclose the returns form, we may notbe able to refund the items until we are able to identify the related order. Please see clauses 10.6 to 10.9 for further details on method of returns. Should you fail to return your goods to the returns address provided, BrandAlley will not be held responsible for any delays to refunds or for finding the location of your order.


10.3 Other than for defective products, returns outside the timeframes set out above, may be accepted at the sole discretion of BrandAlley and may be refunded as a credit to be spent online. Any unauthorised returns will be refused. Alcohol purchased from us may be returned up to three months from the delivery date where it is corked or faulty.


10.4 Non-refundable items. Due to the perishable nature of some items, hygiene or safety reasons, the following items are non-returnable:

- Underwear/lingerie, hosiery and swimwear. Regrettably for hygiene reasons we cannot accept the return of any of these items.

- Hats and personal grooming products unless unworn/unused and the tags still in place.

- Pierced earrings and pierced body jewellery.

- Quilts, duvets and pillows unless the original packaging remains undamaged and unopened.

- Cosmetics and toiletries, we will accept returns if they are in a saleable condition with unbroken seals and original packaging for exchange or refund.

- Food and products containing alcohol, not including wine.

- Personalised/custom made items.

- Beds, mattresses and furniture.

10.5 Any return carried out (other than for defective items or items delivered incorrectly by us) will be at your own expense. A full refund, excluding delivery costs, will be processed within fifteen (15) days of us receiving the returned goods.

10.6 We would advise you to return Items by recorded delivery or by obtaining a Certificate of Postage from the Post Office or by any other means that shows proof of the return. Where BrandAlley offers a Freepost option for returns acceptance of this option is selected at your sole discretion. For all Freepost or normal deliveries, it is your responsibility to ensure that the items aer sufficiently insured for claim purposes. No additional charges will be covered by BrandAlley.

10.7 Each return parcel should only ever relate to ONE order. You should not mix orders in returned parcels. Return parcels that contain mixed orders will result in only ONE order being refunded.

10.8 Should your chosen carrier fail to deliver or loose your return, you will be required to claim from the carrier directly. BrandAlley are not liable for any lost parcels.

10.9 Please note that it is your responsibility to choose the most appropriate method for returns with the appropriate insurance. BrandAlley can not be held responsible for any unforseen delays i.e, strikes, riot, war or act of God (each an 'Event' as defined in clause 19.1). BrandAlley is unable to refund goods that are not received by us or delayed by postal/carrier strikes. 
11. Discount Codes

11.1 You may occasionally receive discount codes from us, via e-mail or through promotional materials. Promotional codes may be based on a minimum spend a will always exclude delivery charges. Offers will expire at 11pm on the date stated in the advertisement. You may be required to follow a link to an associated website before being eligible for any promotional discounts. BrandAlley cannot refund orders where the stated links are not followed. BrandAlley are not responsible for any third party websites. Should you cancel or return items from an order where a promotional code has been used, no refund of this promotional code or equivalent value will be provided.


11.2 Each code is personal to the User receiving it, is not transferable, has no monetary value and under no circumstances can it be converted into currency.  Each code has an expiry date (maximum 12 months) which cannot be modified.  The expiry dates can be found on your BrandAlley account.

11.3 Discount codes cannot be split into smaller values and any remaining amount left on a discount code after a purchase cannot be retained. Accordingly, the use of a discount code requires the total value of the order (excluding delivery costs) to be equal to or higher than the monetary value of the discount given by the code.  Some discount codes may specify a minimum spend in order to be used.  In this case, the monetary value of the order (excluding delivery costs) has to be equal to or higher than the minimum spend. 

11.4 Under no circumstances can the value of a discount code be deducted from an order if that code is defective or out of date: no replacement codes will be issued.


11.5 To use a discount code, you must click on the link 'Do you have a discount code' and either:

    (a) Enter the code given; or
    (b) Select the discount code of choice out of the discount codes offered.

11.6 After having selected the code, you have to click on the  'Redeem' button.  The discount will then be applied and deducted from the value of the order.

11.7 When an order is placed using a discount code and it contains a number of items, the value of the discount is spread over each item according to the pro-rated value of that item.  Any refund of an item bought in such an order will be reduced by the value of discount attached to it.

11.8 Only one discount voucher can be used per order.

12. Introducing a friend

12.1 Successful and validated referrals of friends by you will entitle both you and your referred friend to a discount code to the value of £10, or such other figure as advised by us from time to time. To obtain a sucessful and validated referral you should adhere to the following procedure.


12.2 The 'friend' must not already be registered with us and will be required to order from BrandAlley, using the Email address you supply. Click the link "Introduce a friend". You will then be invited to enter addresses of your friends and click on the "Submit" button. We will send an initial e-mail to your friend but we will not send your friend any further e-mails without their consent.  Please obtain your friend’s consent before sending us their details and note that if asked, we will tell your friend who introduced them. Subject to sucessful registration of your friend (using the same Email address you supply), you and your friend will receive the discount code when your friend’s first order is shipped out for delivery.

12.3 Discount codes for introducing a friend will only be valid for one (1) year from the date that the code is received.


12.4 We reserve the right not to issue discount codes where we have reasonable grounds to suspect that there is an abuse of the friend referral scheme. Any abuse of vouchers can be stopped by BrandAlley with immediate effect by cancelling all discount codes / issued vouchers that a customer has received and cancel any outstanding orders. BrandAlley also reserves the right to refuse orders or to issue vouchers to members that have, in the past, abused the scheme in some way.

13. Access to the Website and content
13.1 We are continually reviewing the items available on the Website, so specifications or design changes may be made at any time.  We shall use reasonable commercial endeavours to keep the Website up to date but information and specifications given are for your information only and are subject to change without notice.

13.2 We try to ensure that pictures of the items on the Website are as accurate as possible, but there are technical limitations and slight variations in colour and texture between the pictures and the items themselves must be expected.

13.3 We will endeavour to allow uninterrupted access to the Website, but access may be suspended, restricted or terminated at any time.

13.4 The Website may include links to other web sites or material, which are beyond its control.  We are not responsible for access to and content on the Internet, or any site other than the Website.
14. Scope of advertisements

The content of the Website is directed solely at those who access the site from the United Kingdom and the Republic of Ireland.  We make no representation or warranty that any items referred to in the Website are available or are otherwise suitable for use outside the United Kingdom and the Republic of Ireland.

15. Ownership
15.1 You will only own the items once they have been successfully delivered and when we have received cleared payment for them in full.  Until that time we will retain ownership of  the items. 

15.2 Items supplied are not for re-sale.
16. Warranty
16.1 We warrant that the items shall meet their specification and shall be free from defects in materials and workmanship at the time of delivery provided that the instructions governing use of the goods have been followed.

16.2 The item description on the Website will specify if the item is subject to a manufacturer’s guarantee and the item will be accompanied with such guarantee on delivery.  If you have a defective item covered by an applicable and valid guarantee, you must contact our Customer Service team.  You will be informed of the procedures to be followed in order to obtain a replacement or a refund.  The Customer Service team may ask you to contact the supplier directly and we will do our best to provide you with the contact details of the after-sale service of the supplier.

16.3 Please note that all watches purchased through BrandAlley come with a guarentee, the period of which will vary depending on the manufacturer of the watch. BrandAlley will offer to repair your watch within the time period of your guarentee. It may take up to 8 weeks for your watch to be repaired and returned back to you.
17. Liability
17.1 If you have a valid claim in respect of any of the items which is based on any defect in the quality or condition of the items or their failure to meet specification in accordance with this Agreement, we shall refund to you the price of the items (or a proportionate part of the price) and the delivery charges (where the full order is affected). Due to the nature of the goods supplied by BrandAlley we are normally unable to provide replacements for incorrect or defective goods or undertake repairs.

17.2 We will take all reasonable care to keep your order secure, but in the absence of our sole negligence we cannot be held liable for any loss you may suffer if a third party obtains unauthorised access to any data (including credit and account details) you provide when accessing or ordering from the Website.

17.3 We shall not be liable to you in connection with this Agreement in contract, tort (including negligence) or otherwise for any loss arising out of any Event (as defined in clause 19 below), any internet, network or virus problem, for any loss of profit, anticipated savings or data (in each case whether direct or indirect) and/or any indirect loss.

17.4 Our aggregate liability to you in connection with this Agreement shall not exceed the value of the goods ordered by you.

17.5 Notwithstanding anything else in these terms and conditions, we accept unlimited liability in respect of death or personal injury caused by our negligence.
18. Statutory Rights
These terms and conditions do not affect your statutory rights (if appropriate) as a consumer.
19. Matters outside our control
19.1 We shall not be liable to you or in breach of this Agreement for delay or failure to perform if the delay or failure is due to a cause beyond our reasonable control (the "Event").

19.2 We will contact you within five (5) days of the Event in order to discuss possible alternatives for the performance of the Agreement.  If the Event lasts for more than thirty (30) days, your order will be deemed to be cancelled and you will receive a full refund.
20. E-mail, user name and password
20.1 E-mails to you shall be to the address you specify to us.  It is important that you give us an accurate and valid e-mail address and tell us of any changes to it.

20.2 The user name and password you are issued with before you can order items from us are personal to you and are not transferable.  Any breach or suspected breach of security of a user name and password should be notified to us immediately.  You will be responsible for any payments due for items ordered through the Website by anyone using your user name and password.

20.3 We guarantee the confidentiality of any data transmitted to us after you have entered your password.  You are responsible for the use of your password and maintaining its confidentiality.

20.4 In the event of a forgotten password you can obtain a new one by clicking on the link 'Forgotten your password'.  A new password will be sent to you, to the e-mail address provided by you.
21. General
21.1 If any provision of these terms and conditions is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and the validity and enforceability of the remaining provisions of these terms and conditions shall not be affected.

21.2 You may not assign, sub-license, or otherwise transfer any of your rights under these Terms and Conditions.

21.3 If we fail to enforce a right under this Agreement, that failure will not prevent us from enforcing other rights, or the same type of right on a later occasion.

21.4 A person who is not a party to these Terms and Conditions shall have no right under the Contract (Rights of Third Parties) Act 1999 to enforce any term of these Terms and Conditions but this shall not affect any right or remedy of a third party which exists or is available apart from that Act.
22. Exceptional circumstances

22.1 In exceptional circumstances, we reserve the right to end any Agreement with you, cancel or place on hold any orders and/or to suspend or terminate your access to BrandAlley immediately and without notice to you if, you breach any of the BrandAlley terms and conditions, you fail to make any payment when due, we suspect you are about to engage in or have engaged in fraudulent or illegal activity on the Website or have if requested to by us, you fail to provide us with sufficient information to enable us to verify the accuracy and validity of any information provided to us so as to prevent fraudulent use of the Website.  If required, you will be requested to send us proof of ID (e.g. copy of passport) as well as proof of your address for the past 3 months.  The order will only be dispatched after we have received and verified these documents. BrandAlley are unable to reinstate any cancelled orders.

22.2 We reserve the right to cancel an order and carry out a refund in the event of not receiving the documents or non-conformity of the documents.BrandAlley are unable to reinstate any cancelled orders.


22.3 We reserve the right to define the circumstances in which this additional verification will be required.

23. Contacts
23.1 If you would like to contact our Customer Service team for any reason, please e-mail us at: customerservice@brandalley.co.uk or call us between 9am and 4:30pm on 020 3060 1651 Monday to Friday.

23.2 The Customer Service team are unable to process any manual orders, make amendments to address details when the status of any order is 'In Progress', 'Immediate Dispatch', 'Shipped' or 'Dispatched' or take orders once a sale is finished.
24. Privacy
24.1 We comply with the principles of the Data Protection Act 1998 and the Privacy and Electronic Communications (EC Directive) Regulations 2003. 

24.2 When you give us your personal information, we will give you the opportunity to opt in to receive information by e-mail from us and will only send it to you if you do opt in or if you are an existing customer and the information relates to similar items or services to those, which you have previously purchased from us. Where you have also agreed we will pass on your details to carefully selected third parties. When we send you communications by e-mail, we will give you the opportunity to opt out of receiving such communications from us. It is not our normal practice to send out marketing communications by post or telephone but if we do, you will be able to opt out of receiving such communications from us.  However, remember if you opt out of receiving communications from us, particularly by email, that this will preclude you from receiving any of our special offers or promotions in future.

24.3 You can inform us at any time if you no longer require marketing communications to be sent by emailing us at customerservice@brandalley.co.uk.

24.4 For full details of our privacy policy see Privacy Policy.
25. Personal Data
25.1 The personal information given for the on-line sales is obligatory, necessary for recording and processing the delivery of the orders as well as for the billing team.  This information is strictly confidential.  Giving false information will result in the automatic cancellation of the order.

25.2 You have the right to access, to modify, to change or correct the information given.  To exert this right, you can do this online or if you are unable to do this for any technical reasons then you may contact our Customer Service team.

25.3 The only cookies we use that are related to each connection, are deleted at the end of each visit of the Website

25.4 Certain pages of the Website can sometimes contain electronic images or statistics trackers, which make it possible to count the number of visitors to the page.  This can be used with certain partners, in particular in order to measure and improve the effectiveness of certain adverts.  The information obtained is strictly anonymous and simply makes it possible to gather statistics on the frequency of use of certain pages of the Website.
26. Intellectual property
26.1 The copyright in the material contained in the Website, together with the website design, text and graphics and their selection and arrangement and all software compilations, underlying source code and software (including applets) belongs to us, our subsidiaries or the providers of such information.  All rights are reserved.  None of this material may be reproduced or redistributed without our written permission.

26.2 You may retrieve and display the content of the website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices.

26.3 You may not reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website without written permission from us (except as set out in section 26.2).
27. Governing law
27.1 These terms and conditions shall be governed by and construed in accordance with English law.

27.2 Any disputes shall be subject to the exclusive jurisdiction of the English courts, to which both parties submit.