1. Our Agreement
1.1 Acceptance of Terms
Your use of www.breelayne.com (the “Website”) and any purchases made via the Website are governed by these terms and conditions (“Terms”). These Terms apply irrespective of how the Website is accessed and cover any technologies or devices by which we make the Website available to you.
You must read these Terms carefully and we recommend you keep a copy of these Terms for future reference. By accessing, browsing, using or placing an order via the Website, you confirm that you have read and accept these Terms. These Terms are only available in the English language.
1.2 The ordering process and order confirmations
If you place an order via the Website this constitutes an offer by you to buy from us the relevant product(s). All orders are subject to availability and to acceptance by us. We will send you an email acknowledging receipt of your order. Please note that this does not constitute acceptance by us. The contract between you and us for the products is formed when we despatch the ordered product(s) to you, unless we have notified you that we do not accept your order.
2. Your Use of the Website
2.1 Your promises to us
You confirm that:
• you are over 18;
• all information and details provided by you to us are true, accurate and up to date in all respects and at all times. If you need to update your details, you can contact us by email at concierge@BreeLayne.com and
• you will comply with the restrictions on your use of the Website as set out in these Terms.
2.2 You acknowledge that we have limited control over the nature and content of information and programs transmitted or received by you or other users of the Website. You agree to compensate and defend us fully against any claims or legal proceedings brought against us by any other person as a result of your breach of these Terms.
2.3 If we take legal action against you for non-payment or any other breach of these Terms and a court makes an award in our favor you will be responsible for all costs allowable by the Courts.
2.4 User conduct
You agree that in using the Website you will not:
• use the Website for any unlawful purpose;
• use the Website in any way that interrupts, damages, impairs or renders the Website less efficient;
• transfer files that contain viruses, trojans or other harmful programs;
• access or attempt to access the accounts of other users or to penetrate or attempt to penetrate the Website security measures;
• email or otherwise disseminate any content which is defamatory, obscene, or may have the effect of being harassing, threatening or abusive to an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability or otherwise;
• advertise or promote third party or your own products or services including by way of the distribution of 'spam' email; or
• use the Website for any purpose other than your personal use.
We reserve the right to suspend, restrict or terminate your access to the Website at any time without notice if we have reasonable grounds to believe you have committed a serious breach of these restrictions. This shall not limit our right to take any other action against you that we consider appropriate to defend our rights or those of any other person.
2.5 Rights granted and rights reserved
• Your use of the Website and its contents grants no rights to you in relation to our intellectual property rights including, without limitation, copyright, design rights, trade marks, logos, graphics, photographs, animations, videos and text or the intellectual property of third parties in the Website and its contents.
• You may not copy, crawl, frame, reproduce, republish, download, post, broadcast, record, transmit, commercially exploit, edit, communicate to the public or distribute in any way the services, web pages or materials on the Website or the computer codes or elements comprising the Website other than for your own personal use. Subject to the above, you may download insubstantial excerpts of this content to your hard disk for the purpose of viewing it provided that no more than one copy of any information is made.
• Any use other than that permitted under this clause may only be undertaken with our prior express authorization.
• By submitting information, text, photos, graphics or other content to us via the Website, you grant us a right to use such materials at our own discretion in any media including, without limitation, to edit, copy, reproduce, disclose, post and remove such materials from the Website.
2.6 Links to and from other Websites
• You may establish links to the Website provided:
• you link only to the home page of the Website;
• you do not remove or obscure, advertisements, the copyright notice or other notices on the Website;
• you give us notice of such link by sending an e-mail message to us at concierge@BreeLayne.com; and
• you stop providing links to the Website immediately upon receipt of a notice requesting you to stop providing such links.
We may provide links to other Websites from time to time (via advertising or otherwise). You acknowledge that:
• these links are provided for your ease of reference and convenience only;
• we do not control such third party Websites and are not responsible for their contents;
• our inclusion of links does not imply any endorsement of the material contained in such Websites or any association with their operators;
• we will not be party to any transaction or contract with a third party that you may enter into via such sites;
• we shall not be liable to you in respect of any loss or damage which you may suffer by using those Websites; and
• you agree that you will not involve us in any dispute between you and the third party.
3.1 Prices and payment
The price of a product shall be as stated on this Website at the time you place your order, except in the case of obvious error. We try and ensure that all prices on our Website are accurate but errors may occur. If we discover an error in the price of a product you have ordered before formation of a contract between us in accordance with section 1.2 of these Terms we will inform you as soon as possible and give you the option of either reconfirming your order at the correct price or canceling it. If you cancel no payment will be taken from your card provided the order has not been previously processed.
• We accept payment by [credit card and debit card].
Payment will be debited from your account at the time of or shortly before dispatch of the product to you.
• You confirm that the credit/debit card that is being used is yours. All credit/debit card holders are subject to validation checks and authorization by the card issuer. If we do not receive payment and/or are notified that the issuer of your card refuses to authorize payment we will not accept your order and we will not be responsible for any delay or non-delivery and we are not obliged to inform you of the reason for the refusal.
• We are not responsible for your card issuer or bank charging you as a result of the processing of your credit/debit card payment in accordance with your order.
4.1 Changes to these Terms
We may need to amend these Terms at any given time to reflect changes to our Website or for legal, regulatory or security reasons. We shall use reasonable endeavors to notify you of any material changes to these Terms. You may end your agreement with us established by these Terms by giving us written email notice if we tell you we are going to change these Terms to your detriment. Any orders placed by you and accepted by us under a previous version of the Terms will continue to be governed by such previous version of the Terms. These terms were last updated on December 1st, 2015.
If we need to notify you under these Terms, we will do so by email to the email address which you have given us. If you need to notify us under these Terms please do so by email to concierge@BreeLayne.com.
4.3 Transfer of this Agreement
We may wish to transfer our rights or obligations or sub-contract our obligations under these Terms to another other legal entity. You agree that we may do so provided that:
this will not adversely affect the standard of service you receive under these Terms; and
in the case of transfer only, after we notify you of the date on which we will transfer our rights and obligations under these Terms to another legal entity, your only rights under or in connection with these Terms will be against the new legal entity and not against us.
These Terms are personal to you. You may not transfer your rights or obligations under these Terms to anyone else.
4.4 Other terms
• If you breach these Terms and we take no action against you, we will still be entitled to use our rights and remedies in any other situation where you breach these Terms.
• If any part of these Terms is disallowed or found to be ineffective by any court or regulator, the other provisions shall continue to apply.
• These Terms are not intended to give rights to anyone except you and us. This does not affect our right to transfer these Terms under section 4.3.
4.5 We will do our best to resolve any disputes over these Terms. If you wish to take court proceedings against us you must do so within the United States.