Terms & Conditions
By accessing our website, you, the user, agree to use the terms and conditions set out here. These terms and conditions may change at our discretion at any time and without prior notice. All orders and purchases made through this site are governed by these terms and conditions. The purchase of merchandise through the Brakitty.com website is strictly limited to parties who can lawfully enter into and form contracts on the site in accordance with the laws of the jurisdiction of their residence. By entering the Brakitty.com website you agree that you will access the content solely for your personal, non-commercial use. All illustrations, designs, icons, graphics, photographs, pictures and any other items included in this website are the exclusive property of Brakitty unless otherwise stated. These Terms & Conditions apply to the purchase of goods from Brakitty.com only.
In these Terms and Conditions:
1. “Seller”, “us” and “we” are references to the owner of this website, Brakitty, which is a registered corporation in Canada.
2. “Buyer”, “you” and “your” are references to the purchaser of the goods from us;
3. “Goods” means the goods specified in the Seller’s invoice; 4. “Contract” means the contract between Seller and Buyer for the sale and purchase of the Goods which incorporates these Terms & Conditions;
5. “Terms” means these terms and conditions;
6. “Site” means the Brakitty.com website.
PURCHASING GOODS ONLINE
7. In order to make purchases through the site, the buyer will be requested to register and provide personal details. In particular, buyers must provide their real name, phone number, e-mail address and other requested information as indicated.
8. When ordering items, the buyer will be required to provide payment details and you represent and warrant that the payment details you provide on ordering are both valid and correct and you confirm that you are the person referred to in the billing information provided.
9. When an order is made online, the order confirmation issued by the company clearing the credit/debit card payment does not constitute acceptance of your order by us. We reserve the right to check any discrepancies and an order will only be processed when it is verified by us to be accurate and within the guidelines set forth in these terms. 10. All orders are subject to acceptance and availability.
11. Any error in the ordering process due to technical or other reasons beyond the seller’s control entitles us not to treat the order as being binding on us.
12. Purchases made on the site are for the personal or gift use of the buyer only and are not to be used for re-sale. The site displays products, which form its collection. They are normally products that are in stock and available for dispatch, however, on occasion certain products that are in particularly high demand will sell out quickly. Should this be the case, you can contact our customer care department at firstname.lastname@example.org who will be happy to add your details to the waiting list and contact you should the item again become available to arrange payment.
13. Once a choice has been made and the order has been placed, the buyer will receive an email acknowledging the details of the order. This email is NOT an acceptance of the order. Unless the buyer cancels the order in accordance with the seller’s Cancellation Policy, acceptance of the order and completion of the contract between buyer and seller will be perfected when we dispatch the goods to you.
14. The sale contract is therefore concluded in Canada and the language of the contract is English. The contract will be subject to these terms and conditions and governed by Canadian law and the buyer agrees to submit to the non-exclusive jurisdiction of the Canadian Courts in respect to any dispute that may arise under it.
The seller reserves the right not to accept the buyer’s order in the event, for example, that we are unable to obtain authorization for payment or that the item ordered is out of stock.
15. Prices shown on the site are in U.S. Dollars (USD). All prices and offers remain valid and as advertised from time to time. The price of a product displayed on the site at the time the order is accepted will be honored.
16. If the buyer is from outside of the United States, the buyer may also incur duties levied by the jurisdiction to which you have specified delivery. International shipments may be subject to import duties and taxes upon arrival in the destination country. These duties and taxes are the responsibility of the customer. Furthermore, a buyer from outside the U.S. may also be subject to higher postage and packaging costs. The seller reserves the right to request additional shipping fees prior to the Goods being dispatched, and to not accept the order should the buyer not fulfill the seller’s requests to pay additional postage and packaging fees.
17. Payment for Goods and for the cost of packaging and delivery where applicable must be made before the Goods are dispatched.
18. Payment can be made by Visa, Master Card, Discover, or American Express. In all cases, delivery will not occur until we are satisfied that the payment has cleared.
19. If the issuer of the buyer’s payment card refuses to authorize payment to the seller, we will not be liable for any delay or non-delivery.
20. All credit card transactions on this site are processed using Stripe Services, a secure online payment platform that encrypts your card and/or banking details in a secure host environment. The seller does not hold any credit card details on our site or in our customer database.
21. The seller will give the buyer an estimated delivery date for the goods, but no such estimated times or dates provided by us are guaranteed.
22. The seller will arrange for packing according to the method of delivery chosen by the buyer during the checkout process.
23. Should the buyer choose USPS as a method of shipping, responsibility for the purchased goods passes to the buyer at the time USPS takes possession of the good.
24. Should the buyer choose UPS or FED EX as a method of shipping, the responsibility for the purchased goods passes to the buyer when the shipper records “DELIVERED” in their respective tracking information.
25. UPS does not provide delivery service to PO Boxes. If you are having an order shipped to a PO Box please select USPS, so that the package is not delayed and/or returned.
26. The buyer must check the goods immediately upon delivery and contact the seller if there are any problems with the goods. The buyer must notify the seller within 24 hours of delivery to ensure prompt attention as completed orders are filed away daily.
27. In the case that the goods have been damaged in transit, the buyer must keep all packaging, as this may be required when making a claim.
The seller will not be liable for any loss, damages or penalty resulting from delay in delivery of the goods when such delay is due to causes beyond the reasonable control of the seller, including without limitation, supplier delay, force majeure, act of God, labor unrest, or fire. In any such event, the delivery date will be deemed extended for a period equal to the delay.