BRIGHTHAM HOUSE BOUTIQUE BED & BREAKFAST – BOOKING (TERMS & CONDITIONS)
Privacy & Terms
Home » Privacy & Terms
Reservations
We allow well behaved dogs by poir arragnement. As we only have 3 dog friendly rooms. Please call 01548 560111 or email us if you would like to bring pets.
Please note the cancellation policy before committing to a reservation. In order for us to confirm a reservation, credit/debit card details are required to secure your booking. We will collect 1 nights deposit at the time of booking, You can cancel your booking up to and including 14 days before arrival and you will receive a full refund. If you cancel after this time we will charge your card the full amount of the 1st nights booking. Cancellation by the Guest We are a small business, so cancellations can have a big impact on us, especially if we have turned away potential guests in favour of someone who has already booked and who then cancels. We do, however, appreciate that unforeseen circumstances can intervene, and we try to be as sympathetic and helpful as possible in such cases. In the event of a cancellation up to 14 days prior to the scheduled date of arrival no charge will be made and you will receive your 1 nights deposit paid back to the card you used to secure the booking. If you cancel your reservation within 14 days of the scheduled date of arrival a cancellation charge equivalent to the room(s) single night rate will be made.
Guests failing to arrive, without notification, will be responsible to a charge equivalent to the total reservation price. We take all Bookings in good faith, as we are unable to judge reasons for change, cancellation or non-arrival, guests are reminded that no exceptions to the above conditions will be made and that any booking made Brightham House Bed and Breakfast for either accommodation or goods, services, meals or drinks that are pre booked (verbal or written) forms a legally binding contract. For this reason we advise that you take out a suitable insurance product to cover against unexpected costs such as cancellation fees. In addition, we may take legal action, through the Courts, to recover any outstanding debts.
Cancellation by Us Should it become necessary for us to cancel a booking we will contact you immediately. Any payments made will be refunded in full. Should you wish to, we will attempt to book you into another local bed and breakfast of the same or lower Visit Britain grading in a similar standard of room(s). Should this establishment be more expensive than Brightham House, we will pay the difference for the first night of your stay. Our liability will not extend beyond these conditions.
Change of Room
If a booking is taken out for a specific room and the room reserved is required to meet a specific guest needs or rendered unusable via circumstances beyond our control, we reserve the right to transfer the booking to an alternative room of similar quality. Damage and Breakages Please take care of our home. You are responsible and liable for any breakages or damages which you cause to the accommodation or its contents. Please report these as soon as they occur especially if you accidentally spill something – it’s much easier to clean if we know what it is and act quickly. We do not normally charge for breakages, but we reserve the right to charge for repair or making good if the damage is significant.
Data
Keys
You have access to the building and your room 24 hours a day throughout your stay using a set of keys given to you when you register on arrival. You have full responsibility of these keys for the duration of your stay. Lost keys will be charged at £30 per set.
Liability
We do not accept any liability for any damage, loss or injury to any member of your party or any vehicles or possessions, unless proven to be caused by a negligent act by ourselves or our employees whilst acting in the course of their employment
Lost Property
We are happy to return items that have been left following departure. However, there will be a minimum charge to cover postage. Missing Items We reserve the right to charge for missing items.
If keys are lost or not returned then a £50 charge applies to cover the cost of re-cutting and the new name tags and fob for the back door access.
Payment Payment of the balance of the stay is is due on check in and we accept the following charge, credit and debit card used to make the booking which is held securely. Or cash for the balance too. We do not accept cheques.
Prices
We reserve the right to change our prices at any time. This does not affect bookings already made.
Smoking Smoking and Vaping is NOT permitted within any part of Brightham House. Please note that offending guests may be asked to leave immediately and may be liable for professional cleaning of any rooms and any outstanding balance of nights booked but not taken through early departure.
Termination Policy
Brightham House Bed and Breakfast reserve the right, at its discretion, to terminate, without notice, an individuals stay where deemed necessary through unacceptable behaviour or as a result of actions which are likely to endanger or offend others (Please note that non compliance of our non smoking policy may constitute termination).
In such circumstances any outstanding account must be settled, no refunds will be made. VAT All published rates are inclusive of VAT at the current rate.
Wi-Fi Access
By using our Wi-Fi Service you automatically agree to the terms and conditions of use in force at the time. We reserve the right to amend these terms and conditions at any time. You acknowledge and agree that all intellectual property rights (including, but not limited to, copyrights (including rights in software), trademarks, database rights, patents and inventions) in and relating to the service are owned by us and our licensors or contractors. Nothing in this agreement operates to transfer any such intellectual property rights to you. We reserve the right to assign or sub-contract any of our rights and obligations under this agreement without notice to you. If any provision of this agreement is found to be unenforceable by a court of competent jurisdiction, the other provisions shall nevertheless remain in full force and effect. This agreement is governed by the laws of England and the parties here to submit to the non-exclusive jurisdiction of the English courts.
Private Car Park for Brightham House Boutique Bed & Breakfast, via Lower Town, Malborough, Devon – Full Terms and Conditions last updated: 18/04/2023
ENTRY TO CAR PARK
1.1 Entry to, or use of, the car park is subject to the following Terms & Conditions of Brightham House Boutique Bed & Breakfast, trading as Veness Browning Enterprise Ltd (“the Company”). These Terms & Conditions shall be binding on every person entering the car park, with or without vehicle (the “Guest”) being every person who may have any interest in the vehicle being parked in the car park (a “vehicle”), or in any of the contents of such vehicle. By entering the car park, the person/s shall be deemed to have accepted these Terms & Conditions.
1.2 These Terms & Conditions may not be varied, save in writing by the hand of a Director of the Company
1.5 All vehicles entering or remaining in the car park must be roadworthy, taxed and insured at all times.
This car park is subject to charges where applicable to some ‘Guest users’, which will be issued annually. These charges go towards the maintenance and any upkeep costs.
2. THE COMPANY’S LIABILITIES
2.1 The car park is open to staying guests during our season. The Company will use reasonable endeavours to safeguard vehicles parked in the car park, but the Company accepts no liability whatsoever for the loss of damage to any vehicle or its contents save to the extent that it is proved to be directly caused by the negligence or wilful act or wilful default of the Company or its employees or agents. Customers enter the car park at their own risk.
The car park is monitored by CCTV with cameras and sound. This is for the safety of our guests and extra security. We reserve the right to use any recordings from the CCTV cameras for any legal disputes.
NOTIFICATION OF DAMAGE, THEFT, ETC
3.1 All Guests are required, in the event of any accident at the car park (whether involving a vehicle or otherwise), or any theft from a vehicle at the car park, to follow these steps:
(a) Inform a member of the Company of the occurrence and assist in the completion of an email hello@brighthamhouse.co.uk
(b) in cases of theft, to also immediately inform the Police
(c) to notify their insurers promptly, where appropriate
3.3 The Company shall not be liable for any claim (other than a claim arising under Condition 2.1 above) where a Customer (or other person as aforesaid) shall fail to notify the Company of such incidence in accordance with Condition
3.2 (above).
USE OF CAR PARK
4.1 It is the Guests responsibility to ensure that their vehicle is left secured in the car park and any personal items are placed ‘out of sight’. A Customer must not leave his or her vehicle unsecured, even if requested to do so by a member of the Company.
4.2 The signs displayed in the car park form part of these Terms & Conditions. The Company reserves the right to eject and to refuse future admittance to any person or vehicle which has failed to obey such signs or has otherwise failed to comply with these Terms & Conditions, or who in the Company’s sole opinion has misbehaved or otherwise failed to act responsibly in the car park or in any other car park which may from time to time be in the Company’s ownership, control, or management.
Guests are required:
4.3.1 To park their vehicle entirely within the centre of the marked white lines that for, the parking space
4.3.2 After parking their vehicle, to proceed with any accompanying persons to the nearest exit:
4.4 In no circumstances whatsoever should a Guest act in or utilise the car park in any of these ways:
(a) Interfere or get into a dispute with other car park users, which would be deemed causing a nuisance and harasment
(a.1) towing another vehicle or being towed; or
(b) working on or cleaning a vehicle; or
(c) any activity connected with the sale, hire or other disposal of a vehicle; or
(d) camping or cooking; or
(e) any storage of goods or materials; or
(f) dumping of any objects; or
(g) doing or attempting to do anything which is a criminal offence; or
(h) making unnecessary noise, including playing music so loudly as to annoy other users
4.6 Combustible, flammable and explosive materials are strictly prohibited within the car park with the exception of the normal contents of a fuel tank or a fuel can (maximum contents: 10litres)
4.7 Vehicle repairs, modifications or refuelling must not be carried out in the car park, except in an emergency
4.8 Guests must not deface the appearance of the car park in any way
4.10 Guests must obey any reasonable instruction given by the car park owner
9. GENERAL
9.1 Paragraph headings in these Terms & Conditions are inserted for convenience only and shall not affect the interpretation or construction of these Terms & Conditions
9.2 The Company may without the consent of the Guest assign the benefit and or burden of all or any part of these Terms & Conditions to any other person, firm, or company
9.3 These Terms & Conditions shall be governed by and interpreted in accordance with English Law and the Customer submits to the exclusive jurisdiction of the English courts in connection with any dispute which may arise between the Company and the Customer in connection with these Terms & Conditions.
Privacy Policy
Last updated: April, 2021
Veness Browning Enterprises Ltd trading as Brightham House Bed & Breakfast (“us”, “we”, or “our”) operates the www.brighthamhouse.co.uk website (the “Service”).
This page informs you of our policies regarding the collection, use and disclosure of Personal Information when you use our Service.
We will not use or share your information with anyone except as described in this Privacy Policy.
We use your Personal Information for providing and improving the Service. By using the Service, you agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our Terms and Conditions, accessible at www.brighthamhouse.co.uk
Information Collection and Use
While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you. Personally identifiable information may include, but is not limited to, your email address, name, phone number (“Personal Information”).
Log Data
We may also collect information that your browser sends whenever you visit our Service (“Log Data”). This Log Data may include information such as your computer’s Internet Protocol (“IP”) address, browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages and other statistics.
In addition, we may use third party services such as Google Analytics that collect, monitor and analyse this type of information in order to increase our Service’s functionality. These third party service providers have their own privacy policies addressing how they use such information.
Cookies
Cookies are files with small amount of data, which may include an anonymous unique identifier. Cookies are sent to your browser from a web site and stored on your computer’s hard drive.
We use “cookies” to collect information. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.
Behavioural Re-marketing
Brightham House uses re-marketing services to advertise on third party web sites to you after you visited our Service. We, and our third party vendors, use cookies to inform, optimise and serve ads based on your past visits to our Service.
Types of data we collect:
- Google AnalyticsWhen someone visits this website, we use Google’s Analytics service to collect standard internet log information and details of visitor behaviour patterns. We do this to find out things such as the number of visitors to the various parts of the site, what devices they are using and what country they are from. This information is only processed in a way which does not identify anyone. We do not make, and do not allow Google to make, any attempt to find out the identities of those visiting our website. We not only abide by this Privacy Policy, but comply with all applicable laws, policies and regulations relating to the collection of information by visitors.
- Google AdWordsWe use the Google AdWords remarketing service to advertise on other websites (including Google) to previous visitors to our site. It could mean that we advertise to previous visitors who started but didn’t complete a purchase.Advertising to previous visitors could be in the form of an advertisement on the Google search results page, or a site in the Google Display Network. Third-party vendors, including Google, use cookies to serve ads based on someone’s past visits to our website. Of course, any data collected will be used in accordance with our own privacy policy and Google’s privacy policy.You can set preferences for how Google advertises to you using Google’s Ad Preferences page. If you really want to, you can opt out of targeted interest-based Google advertising entirely (although that does mean that you will see more ads for goods you aren’t interested in). You can read more on Google’s use of data collected via this link http://www.google.com/intl/en/policies/privacy/.
Service Providers
We may employ third party companies and individuals to facilitate our Service, to provide the Service on our behalf, to perform Service-related services or to assist us in analysing how our Service is used.
These third parties have access to your Personal Information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.
Explaining the Legal Basis for Processing Data
- Consent – For example, when you tick a box to become a part of our Brightham House community.
- Contractual Obligations – In certain circumstances, we need your personal data to comply with our contractual obligations. For example, if you require delivery we’ll collect your address details and pass them to our courier.
- Legal compliance – If the law requires us to, we may need to collect and process your data. For example, we can pass on details of people involved in fraud or other criminal activity affecting the Company to law enforcement.
Communications
We may use your Personal Information to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.
Security
The security of your Personal Information is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security. As such we make no warranties as to the level of security afforded to your data, except that we will always act in accordance with the relevant UK and EU legislation.
CCTV
Below, you can find general information about how your personal data can be processed in those situations. Please note that your personal data may be processed in other ways than described below. If you want to know what applies in your specific situation, please contact the owner of the Arlo device.
INFORMATION ON HOW YOUR DATA MAY BE PROCESSED
1. DATA CONTROLLER
The operator of the Arlo devices, usually the owner of the Arlo devices (the “Owner”) is typically the data controller – i.e., responsible for how your personal data is processed by the Arlo devices.
2. PERSONAL DATA BEING PROCESSED
2.1 Arlo devices will capture video and audio recordings of anyone visiting the monitored premises.
2.2 In addition, if the Owner activates the facial recognition feature, biometric information about the persons within the captured area is processed. A picture of you, including biometric information, is saved in a “known-faces” gallery available to the Owner, together with a “known face”-tag, allowing the Arlo device to recognise you when you enter the area captured by the device in the future. The Owner will be notified (by automatic means) that you have entered the area. Arlo Europe does not have access to the gallery of “known faces”.
3. WHY AND BASED ON WHICH LEGAL BASIS YOUR PERSONAL DATA IS PROCESSED
3.1 In most situations, Arlo devices are used to detect and prevent theft, burglary, vandalism or other similar purposes. This is often based on the Owner’s legitimate interest of property protection and crime prevention. If you want to know how the Owner has balanced his/her interests against your interests and rights, please contact the Owner.
3.2 If the facial recognition feature is turned on by the Owner, the Owner should seek your consent to process this data.
3.3 If you are uncertain as to which legal basis the Owner as a data controller applies, make sure to ask the Owner.
4. DATA RECIPIENTS AND THIRD COUNTRY TRANSFERS
Arlo Europe processes personal data in the EU/EEA. In some circumstances Arlo Europe may transfer personal data to a country outside of the EU/EEA (“Third Country”). In case personal data is transferred to a Third Country, Arlo Europe will ensure that the personal data will continue to be subject to an essentially equivalent level of protection as in the EU/EEA.
Arlo transfers personal data to recipients in the United Kingdom and Switzerland which are subject to EU Commission’s adequacy decision. This means that the EU Commission has assessed that the level of data protection in these countries are essentially equivalent to that of the EU/EEA and that it is therefore possible to transfer personal data to these countries without additional safeguards. If the recipient of personal data processes personal data in the United States and participates in the EU-US Data Privacy Framework, we rely on the EU Commission’s adequacy decision for such transfers.
When we transfer personal data to a Third Country which is not subject to an adequacy decision, or where the recipient is not subject to the EU-US Data Privacy Framework we apply a relevant transfer mechanism, that is applicable safeguard to ensure that an essentially equivalent level of data protection is ensured in the Third Country, specified in the table below.
| Country outside of the EU/EEA: | Appropriate safeguards: |
| USA | Standard Contract Clauses. |
STORAGE
Personal data should only be stored for as long as it is needed for the purpose. Generally, the personal data is deleted every 30 days by default. The Owner determines the exact storage period of your personal data. Thus, for information about the specific storage period in your particular case, please ask the Owner.
5. YOUR RIGHTS
If your personal data is processed by the Owner, you have certain rights as a data subject vis-à-vis the Owner acting as a data controller. In this section, those rights are described. Please contact the Owner in case you would like to exercise your rights.
5.1 Your right to access, rectification, erasure and restriction
5.1.1 You have the right to request:
a) Access to your personal data. This means that you have the right to request access to personal data that the Owner holds about you. You also have the right to be provided, at no cost, with information about which personal data the Owner are processing about you. The Owner has the right to charge a reasonable administration fee if you request further copies.
b) Rectification of your personal data. At your request, the Owner must correct, anonymise, delete or complete data that the Owner knows to be inaccurate, incomplete or misleading. Also, you have the right to complete any incomplete personal data if something relevant is missing.
c) Erasure of your personal data. You have the right to request that the Owner erases your personal data if there is no compelling reason for the Owner to continue processing the data. Compelling reasons for use to continue processing may be:
i. Processing is necessary for the right of freedom of expression and information,
ii. Processing is necessary to comply with a legal obligation,
iii. Processing is necessary for reasons of public interests in the area of public health,
iv. Processing is necessary for archiving purposes in the public interest, scientific or historical research purposes or statistical purposes or
v. Processing is necessary for the establishment, exercise or defence of legal claims.
5.1.2 Your personal data should be erased if none of the circumstances above are applicable and if
i. The personal data is no longer needed for the purpose for which the Owner collected them,
ii. The Owner processes your personal data based on your consent and you withdraw your consent,
iii. You object to the Owner processing your personal data which is based on a legitimate interest assessment, and the Owner has no compelling interests that overrides your interests or rights and freedoms,
iv. The Owner has processed the personal data unlawfully or
v. The Owner has a legal obligation to erase the personal data.
d) Right to restrict processing. This means that the Owner temporarily restricts the processing of your data. You have the right to request restriction when:
i. you consider your data to be inaccurate and you have requested rectification, while the Owner establishes the accuracy of the personal data,
ii. the processing is unlawful, and you do not want the data to be erased,
iii. as the personal data controller, the Owner no longer needs to process the personal data for the processing purposes, but you need them to be able to establish exercise or defend a legal claim, or
iv. you have objected to processing while waiting for our assessment of whether the Owner’s legitimate interests override yours.
5.1.3 The Owner should take all reasonable measures possible to notify everyone who has received personal data if data have rectified, erased or restricted – if you so request.
5.2 Your right to object to processing
5.2.1 You have the right to object to the processing of your personal data if the processing is based upon legitimate interest or performance of a task carried out in the public interest. If you object to such processing, it should only continue if the Owner has compelling reasons for doing so that override your interests or rights and freedoms or if the processing is necessary for the establishment, exercise or defence of legal claims.
5.2.2 If you do not wish that the Owner uses your personal data for direct marketing purposes, you always have the right to opt out.
5.3 Your right to withdraw consent
If personal data is processed based on your consent, you always have the right to withdraw your consent. You can do this at any time by contacting the Owner.
5.4 Your right to data portability
5.4.1 You have right to data portability when your personal data is processed based on your consent or performance of a contract.
5.4.2 Right to data portability means that you have the right to receive the personal data processed about you in machine-readable format which allows you to transfer these personal data to another data controller. You may also request to have the personal data transferred directly to another data controller.
5.5 Your right to complain to the supervisory authority
You have the right to lodge a complaint with the Data Protection Authority where you live or work or where your believe an infringement of the GDPR has taken place.
6. PLEASE CONTACT THE OWNER OF THE ARLO DEVICES FOR FURTHER INFORMATION
The Owner of the Arlo devices is responsible for providing you with all relevant information about the processing of your personal data. Please contact the Owner for further information.
International Transfer
Your information, including Personal Information, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.
If you are located outside United Kingdom and choose to provide information to us, please note that we transfer the information, including Personal Information, to United Kingdom and process it there.
Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.
In the event that a dispute arises with regards to the international transfer of data, you agree that the courts of England and Wales shall have exclusive jurisdiction over the matter.
Data Retention Period
Whenever we collect or process your personal data, we’ll only keep it for as long as is necessary for the purpose for which is was collected. At the end of the retention period, your data will either be deleted completely or anonymised, for example by aggregation with other data so that it can be used in a non-identifiable way for statistical analysis and business planning.
E.g. Orders – When you place an order, we’ll keep the personal data you give us for five years so we can comply with our legal and contractual obligations including warranties.
Links to Other Sites
Our Service may contain links to other sites that are not operated by us. If you click on a third party link, you will be directed to that third party’s site. We strongly advise you to review the Privacy Policy of every site you visit.
We have no control over, and assume no responsibility for the content, privacy policies or practices of any third party sites or services.
Children’s Privacy
Our Service does not address anyone under the age of 13 (“Children”).
We do not knowingly collect personally identifiable information from children under 13. If you are a parent or guardian and you are aware that your Children has provided us with Personal Information, please contact us. If we become aware that we have collected Personal Information from a children under age 13 without verification of parental consent, we take steps to remove that information from our servers.
How Can You Stop The Use Of Your Personal Data For Direct Marketing?
Click the ‘unsubscribe’ link in any email communication that we send you. We will then stop any further emails.
Contacting the Regulator
If you feel that your data has not been handled correctly, or you are unhappy with our response to any requests you have made to us regarding the use of your personal data, you have the right to lodge a complaint with the Information Commissioner’s Office.
You can contact them by calling 0303 123 1113. Or you can go online to www.ico.org.uk/concerns (opens in a new window; please note we can’t be responsible for the content of external websites)
Changes to This Privacy Policy
We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.
You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.
If we make any material changes to this Privacy Policy, we will notify you either through the email address you have provided us, or by placing a prominent notice on our website.
Jurisdiction
This Policy shall be governed and construed in accordance with the laws of England and Wales, without regard to its conflict of law provisions.
Contact Us
If you have any questions about this Privacy Policy, please contact us
Brightham House Boutique Bed & Breakfast – Online Shop (STANDARD TERMS & CONDITIONS)- The Contract Between Us1.1 We must receive payment of the whole of the price for the goods that you order before your order can be accepted. Once payment has been received by us, we will confirm that your order has been accepted by sending an e-mail to you at the e-mail address that you provide in your order details. Our acceptance of your order brings into existence a legally binding contract between us.
1.2 The contract’s content will be stored. You may store the terms and readily look them up. For safety reasons your order’s data is not available via the internet. We keep this data in confidence according to our privacy policy.
2. Price
2.1 The prices payable for goods that you order are as set out in our website and all prices are quoted in pounds sterling. Prices include VAT but exclude delivery costs. You can use PayPal, Visa, Visa Debit, Mastercard, Maestro, Solo, Visa Electron.
2.2 You will be required to pay extra for delivery unless otherwise stated. It might not be possible for us to deliver to some locations. You will be provided with the total price of the transaction including postage and packing before you complete your purchase. There are no hidden extra costs. All our delivery charges are set out on our website.
3. Right For You To Cancel Your Contract
3.1 To cancel your contract you must notify us in writing. This should be submitted in written form and posted to us or by e-mail to the following e-mail address: – hello@brighthamhouse.co.uk
3.2 If you have received the goods before you cancel your contract then unless you have emailed us before we have dispatched, you do not have the right to cancel. You must send the goods back to our contact address. If you cancel your contract but we have already processed the goods for delivery you must not unpack the goods when they are received by you and you must send the goods back to us at our contact address as soon as possible. The costs of returning goods will be paid by you.
3.4 Once you have notified us that you are cancelling your contract any sum debited to us from your card will be re-credited to your account as soon as possible and in any event within 30 days of your order provided that the goods in question are returned by you and received by us in the condition that they were in when delivered to you. If you do not return the goods delivered to you or do not pay the costs of delivery, we shall be entitled to deduct the direct costs of recovering the goods from the amount to be re-credited to you.
The consumer has a duty of care for the products during the cancellation period in order for a refund to be given.
Please obtain proof of postage when returning items, this can be done in the form of a receipt which will be given to you on request at your local post office. In the event of an item being lost on its way back to us, the proof of postage will be required in order for a refund to be actioned. This postage cost is not reimbursed (unless item is damaged/faulty).
- Cancellation By Us4.1 We reserve the right to cancel the contract between us if:4.1.1 We have insufficient stock to deliver the goods that you have ordered;
4.1.2 We do not deliver to your area; or
4.1.3 One or more of the goods that you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers4.2 If we do cancel your contract we will notify you by e-mail and will re-credit to your account any sum deducted by us from your credit card as soon as possible but in any event within 30 days of your order. We will not be obliged to offer any additional compensation for disappointment suffered.
4.3 We cannot sell alcoholic products to anyone under 18. For this reason, we may refuse an order or refuse to make a delivery at our discretion. By placing an order, you confirm that both you and the person the order is to be delivered to, are aged 18 years or over
4.4 We do not sell to minors.
5. Delivery of Goods to You
5.1 We will deliver the goods ordered by you to the address that you give us for delivery at the time you make your order.
5.2 Delivery will be made as soon as possible although any date or period for delivery should be as indicative only. If a product is in stock, we aim to send it out on your behalf to your specified delivery address within the time specified against each product. If any item is not in stock, we will aim to deliver within 14 days but in any event your delivery will be made not later than 28 days after your order. If we cannot dispatch an item to you within the specified time, we will notify you and at your request we will cancel the order and refund your money in full.
5.3 You will become the owner of the goods that you have ordered when they have been delivered. Once goods have been delivered to you, they will be held at your own risk and we will not be liable for their loss or destruction. Refunds cannot be given if your gift is not passed onto you following delivery at the delivery address that you have provided.
5.4 We will not be responsible for delays in the delivery caused by any third party.
6. Liability
6.1 If the goods that we deliver are not what you ordered or are damaged or defective or the delivery is of incorrect quantity, we shall have no liability to you unless you notify us in writing at our contact address of the problem within 3 working days of the delivery of the goods in question. Our address for contact and returned products is:
Brightham House
Higher Town
Malborough
Devon
TQ7 3RN
6.2 If you do not receive goods ordered by you within 28 days of the date on which you ordered them; we shall have no liability to you unless you notify us in writing at our contact address of the problem within 40 days of the date on which you ordered the goods. If you notify a problem to us under this condition, our only obligation will be, at your option;
6.2.1 to make good any shortage or non-delivery;
6.2.2 to replace or repair any goods that are damaged or defective; or
6.2.3 to refund you the amount paid by you for the goods in question in whatever way we chose.
6.3 Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem that you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under Clause 6.2.3 above.
6.4 You must observe and comply with all applicable regulations and legislation including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
6.5 Brightham House Boutique Bed & Breakfast (trading as Veness Browning Enterprises Ltd.) the foregoing, nothing in these terms and conditions is intended to limit any rights that you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
7. Notices
Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing and sent to our contact address at: –
Brightham House
Higher Town
Malborough
Devon
TQ7 3RN
And all notices from us to you will be displayed on our website from time to time.
8. Events Beyond our Control
We shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lockouts and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
9. Invalidity
If any part of these terms and conditions is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
10. Privacy
You acknowledge and agree to be bound by the terms of our privacy policy.
11. Third Party Rights
Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the UK Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement, but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
12. Governing Law
The contract between us shall be governed by and interpreted in accordance with English Law and the English Courts shall have jurisdiction to resolve any disputes between us.
13. Entire Agreement
These terms and conditions, together with our current website prices, delivery details, contact details and privacy policy, set out the whole of our agreement relating to the supply of the goods to you by us. Nothing said by any salesperson on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by us. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.