TERMS AND CONDITIONS
Please carefully read these Terms and Conditions before using our website www.brickfielder.co.uk, as they concern your rights and obligations.These Terms and Conditions govern the rules for the use of the website for sale of golf shirts – www.brickfielder.co.uk, as well as the relationships between the company “Brickfielder Ltd”, Company Number 7997624 ,having its address in London, 36 Redbridge Lane East, Ilford, Essex, IG4 5ES, United Kingdom, with the Users of the site.
The materials on this site are under the protection of the laws governing copyright and related rights, trademarks. Any unauthorized use of copyright materials related to this site, or the trade mark “Brickfielder” leads to direct infringement of copyright, rights over trademarks, industrial design, or other national and/or international legal provisions concerning intellectual property rights.
If you, as a User, do not agree to be bound by all of these Terms and Conditions, please stop using the site www.brickfielder.co.uk. Under these Terms and Conditions http://www.brickfielder.co.uk provides for you as a consumer of sports goods, appropriate information for their use, allowing you to make an adequate informed choice whether to sign this agreement or not.The definition of “User” includes all types of use of this site, ranging from persons who wish to purchase golf shirts to legal entities looking for general information about our goods and materials due to some subjective interest or professional reasons.
In these Terms and Conditions the following terms shall have the meaning ascribed to them below, unless the context requires otherwise:
1. www.brickfielder.co.uk is a copyrighted system developed for online trade of sports goods, in particular golf shirts, which is designed in accordance with copyright legislation and is intended to provide specific commercial information to the Users, and it will be further referred to hereinafter as “web site” or “the website
2. Company “Brickfielder Ltd”, with its address inLondon, 36 Redbridge Lane East, Ilford, Essex, IG4 5ES, United Kingdom is a company incorporated under the UK law and is the owner of the site, hereinafter referred to as Supplier.
3. Users of the website are physical and/or legal persons, who acquire the status of “User” of the site www.brickfielder.co.uk by registering on it through a web browser.They are representatives of the information society, under the UK law.They are referred to as “Users” hereinafter.
4. “Electronic statement” is a verbal statement presented in a digital form in a common standard for conversion, reading and visual presentation of information.
5. “IP Address” is a unique string of numbers identifying a device, internet page or a resource of the User in a way that allows for locating them in the global internet network.
6. “Electronic link” or just a “link” is a text marked in an internet page, which allows automated linking to another internet page, information resource or object through standardized protocols.
7. “Abuse” or “malicious actions” are actions or non-actions that violate internet ethics, the civil law, these Terms and Conditions and/or causing damage to persons, connected to the internet or associated networks, sending junk mail, the so-called unsolicited commercial messages according to the laws on electronic commerce (SPAM, JUNK MAIL), FLOOD,obtaining access to resources with somebody else’s rights and passwords, use of shortcomings in the systems to their own advantage or adding information (HACK), performing actions which can be qualified as an industrial espionage or sabotage, damage or destruction of systems or information arrays (CRACK),sending Trojan horses or causing installation of viruses or systems for remote control, disturbing the normal operation of the other Users of the internet and the associated networks,use of a large number of materials from the site by a User in a manner suggesting that they are not used for training purposes and do not comply with the purposes of the site but for some commercial purposes and/or another purpose which use involves the provision, copying and reproduction of their content to other sites and sources,as well as taking any legal actions aimed at violation of intellectual property rights, copyrights, trademarks, industrial design, logotypes or other copyright images, and any other intentional acts that may be qualified as criminal or administrative offense under the UK law or any other applicable law.
8. “Internet Page”” is a part of a website, which may be an integral part or a separate one.
9. “Website” is a space in the global internet network, accessible through its web address (URL) with a protocol HTTP or HTTPS and containing files, programs, text, sound, pictures, images, hyperlinks or other materials and resources.
10. “Information system” is a device or a system of connected devices, which, or any one of them is intended to store, send or receive electronic documents.
11. “Password” is a code of letters, numbers and characters, which, together with the User name or email address is used to access the User profile and the registered Users profiles on the site.
12. “Server” is a device or system of connected devices, on which, or on any of them is installed the system software for the execution of tasks relating to storage, processing, reception or transmission of information.
13. “Material” represents every object subject of copyright, and any information in the form of a written text, picture, audio or video material, photography, artistic design, database and source code, representing part of the site www.brickfielder.co.uk, which can be played and offered by wireless or cable access to unlimited number of persons, allowing this access to be made from a place and at a time, individually chosen by a User or an employee of www.brickfielder.co.uk.
14. “Database” is a set of individual works, data or other materials, arranged systematically and methodically and individually accessible by electronic or other means, representing an information resource of www.brickfielder.co.uk.
15. “Accidental event” is a circumstance unforeseen at the time of the conclusion of the contract, which is of an extraordinary nature, and so its implementation is objectively impossible.
16. “Commercial messages” are advertising or other communications, presenting directly or indirectly the products, services or reputation of a person running a trade or craft activity or being regularly employed.
ІІ.User registration. Agreement with the Terms and Conditions. Conclusion of a service contract.
17. To buy a product presented as a sports product from www.brickfielder.co.uk, the User is required to fill in an electronic registration form in which he/she shall provide his/her personal data guaranteeing for its authenticity as the User is the holder and the author of this electronic statement.If the User has expressed his/her will in the name of a third party, it shall be assumed that he/she enters into agreement in somebody else’s name and account, and will be personally liable for any damages as a consequence of the undertaken legal action without a representative authority. Completing this Agreement, the User expressly declares his/her agreement with these Terms and Conditions, thus with the receipt of his/her expression of will in the information system of the provider the service contract shall be deemed to have been concluded. In cases where the User has limited legal capacity, his/her expression of will is formed after its approval by a parent/guardian and/or other persons who represent him/her on a legal basis in accordance with the UK civil law or the legislation of the country whose citizen he/she is and if the User is incapacitated, the declaration of consent and the formation of expression of will shall be directly done by the parent/ guardian.
18. These Terms and Conditions are a contract for the provision of information and/or the conclusion of an electronic transaction for the purchase of a particular sports product – golf shirt.It shall be deemed concluded and will have binding force between each registered visitor of the site www.brickfielder.co.uk and the Supplier. With the logging on, examination and/or the use of this site, any unregistered visitor shall be deemed familiar with the provisions herein and to have agreed to be bound and to abide by these terms and conditions as much as possible before registration. The service contract may (but not mandatory) be saved by the Supplier, in which case it becomes an electronic document.
19. The subject matter of this contract for online trading is the maintaining of a profile with a username and password in the information resource of the site, on the basis of which you have the right of access to all the goods offered on the site www.brickfielder.co.uk for a specified time. The connection with it is implemented via a web browser and the information data base of the site www.brickfielder.co.uk, supported by the Supplier. Any text, photo, design, image, advertising banners, audio or video file, data bases and source code on the pages of the website are subject to copyright of the company “Brickfielder Ltd”. Therefore, copyright content may not be copied, distributed, reproduced, drawn on and modified in any way with little changes in the forms without the consent of the company ” Brickfielder Ltd“ and after payment of the royalty.
20. In cases where it has been proven that copyrighted materials, representing intellectual property of www.brickfielder.co.uk have been used in a way that may qualify as reproduction of the said materials with commercial purpose contrary to the purposes of the site www.brickfielder.co.uk., that they are used for commercial purposes and/or any other purpose that includes provision, copying and reproduction of the content of www.brickfielder.co.uk to other sites and sources, as well as any breach of the rules provided for in these Terms and Conditions, the said User is liable for a penalty for breach of the online trade contract in the amount of the Supplier’s revenue based on its accounting documentation for the period of use of the site by the said User, but this clause does not preclude the option of regressive copyright claims to the said User.
21. In the event of infringement and breach of any obligations undertaken by the Users under these Terms and Conditions and/or the effective UK law, the supplier has the right, which is not an obligation, to terminate this contract for online trading by a unilateral written notification sent at the e-mail address of the User without granting an additional deadline for performance.
22. The Supplier is administrator of personal data.
23. The Supplier warrants the privacy of the information containing personal data provided by the Users in the registration applications completed by them. Disclosure of personal data is only possible in cases where the information is requested by state authorities or officials empowered by law to require and collect information containing personal data and in compliance with the legally established order.
24. The Supplier reserves the right to record, store and use any information about the Users necessary for their identification and for the reproduction of the statement of agreement with the Terms and Conditions.
25. Upon registration, each User specifies a User name, first name and last name (as in the passport), as well as a detailed address. These data are used to identify the User on his/her logging on the website. If the username is already occupied (there is another user with that name), he/she is immediately informed and asked to specify a new username, one that is free. The User undertakes not to provide his/her username and password for use by third persons, and if this is the case, he/she bears full responsibility for the actions of that person, accepting that the said actions are to be considered as committed in his/her name and on his/her behalf. The supplier shall not be liable for damage occurring to the User as a result of unauthorized use of his/her username and his/her password by a third party.
26. By browsing and/or the use of the site www.brickfielder.co.uk the User expresses his/her consent to receive electronic commercial messages sent by the supplier or authorized third persons.
27. By registering, which is an expression of will in an electronic form, the user enters into a contract with www.brickfielder.co.uk for the conclusion of a contract for online trade between him/her and the Supplier, with subject-matter “Terms and Conditions ”, described in detail hereinabove.Immediately after registration, the user receives at the email address specified by him/her a message which contains his/her username and password, which is a confirmation in the name of www.brickfielder.co.uk for the receipt of the statement and consent to these Terms and Conditions.
IV.Applicability. Changing the Terms and Conditions.
29. The provisions of the Terms and Conditions apply to all issues arising in the use of the site, and they may be amended by the Supplier, if necessity is proven, and on their basis rules for the use of certain sections of the site are set out.These new rules are attached to the Terms and Conditions subsidiary.
30. Due to periodic supplementation and modification of the goods, their improvement and expansion, as well as in connection with changes in legislation which affect them, the Terms and Conditions may be changed unilaterally by the provider without notifying the individual user about the said change. A change is deemed effective with the publication of the conditions on the website, unless stated otherwise, and the user is obliged to check regularly for changes in these conditions.
31. The user may state that he/she does not accept the changes within one week of their publication.In this case the contract between the customer and the supplier shall terminate upon the receipt of the user’s statement by the provider.In the event that the user does not state his/her non-acceptance of the changes in the above period, he/she is considered bound by them.
V. Rights and obligations of the Supplier and the Users.
32. The Supplier undertakes to ensure in compliance with the circumstances that the Users have an opportunity to be freely acquainted with the specifics of the goods provided by www.brickfielder.co.uk, in accordance with these Term and Conditions and the legislation of the United Kingdom. The Supplier is not responsible for the content of the materials and references outside the copyrighted database and information resource.
33. The Supplier has the right to terminate the right of access of certain users to the website, where it is found that they have provided incorrect information in their registration, or in any way, by their actions, they infringe the intellectual property rights of the company “Brickfielder Ltd”or of third parties, or in particular violate the laws of the United Kingdom.
34. The Supplier has the right to discontinue providing certain goods with the obligation to notify the users by announcement on the website.
35. The Supplier has the right from time to time to change the present Terms and Conditions unilaterally, but not the obligation to individually inform all the users about such changes. These changes shall be duly and accessibly disclosed in the content of the website in the manner and under the conditions described in detail hereinabove.
36. The Supplier has the right to take measures to prevent any abuse and malicious actions on the part of any Users by limiting their access to the website and cancellation of the contract for online trade, and on the basis of this it will be entitled to claim a penalty as provided for in these Terms and Conditions.
37. The Supplier has the right to refuse registration for use of the website by any users who have not provided the required personal data in the registration form, as well as in the event of establishment of their incapacity, as well as lack of consent with these Terms and Conditions.
38. The Supplier has the right (but not the obligation) to store in the information system or another terminal device for access to the page information concerning the users (the so-called cookies) .These are small text files which are saved by the internet page www.brickfielder.co.uk through a server on the hard drive of the user, which makes it possible to recover information about the user which identifies him/her with a view to tracking his/her activities.
39. The users are obliged to regularly keep acquainted with the Terms and Conditions and the amendments to them, and their acceptance is to be done following the ways and rules described above.
40. The Users have the right to get acquainted with the goods provided by the Supplier by following these Terms and Conditions, the supplements to them and the special rules agreed on for the relevant services in compliance with the copyright legislation of the United Kingdom.
41. The User has the right to free and unlimited modification of the registration data, complying with the rules provided for in these Terms and Conditions.
42. The User is obliged to pay for the goods purchased online through www.brickfielder.co.uk in the following alternative ways:
– By bank transfer using the following types of credit cards:American Express, MasterCard, UK Maestro, Visa
– through Pay Pal.
43. Banking information containing the number of the credit card and the names of the cardholder are completed in a separate secure page on the site in order to ensure the rights of each User.In this context the site www.brickfielder.co.uk is responsible for the validity and security of any transaction through this internet page. The User has the options to do the transaction in US dollars, British pounds or in euros.When carrying out the transaction through the website, the cardholder will be required to enter the so-called CVV2/CVC2 code for verification of the card.
44. The manner of delivery of the goods to each customer is described in a specialized page, part of the website, called “Delivery”. Each delivery shall be made within seven working days not including weekends and bank holidays. All deliveries are done by the couriers: “DHL” . For all deliveries outside Europe there might be an extra delivery charge by the courier.In this regard www.brickfielder.co.uk recommends that each user of the site refers to the local representative of the courier for detailed information on delivery costs, as well as for its security and correctness.
45. The user has the right to return the purchased product, but only if he/she is a registered user of the website www.brickfielder.co.uk. The request for return must be made through our e-mail within 14 days of the purchase transaction. Remember that it is only possible for us to accept items that are returned in their original state. The merchandise may not show signs of wear. The money for the return of the purchased item shall be deposited to the user when he/she in his/her capacity as buyer has indicated in the relevant way the correct number of the electronic purchase, his/her exact address, email address and phone number as well as his/her personal bank account.
46. The User undertakes not to copy, distribute, draw on in any way, reproduce or publish copyrighted content published on the site www.brickfielder.co.uk, and it is prohibited to carry out actions that:
– infringe intellectual property rights of the company ” Brickfielder Ltd” including copyright, trademarks, industrial design, logotypes and any other materials or copyrighted images, and declares that he/she is aware of his/her subsequent criminal and civil liability due to the provision of such materials.
– will damage any property and/or infringe moral rights or legitimate interests of third parties;
– breach in any other way these Terms and Conditions and the legislation of the United Kingdom.
47. In relation to the use of the goods provided by the Supplier the User also undertakes:
– to comply with the provisions of the Terms and Conditions and the legislation of the United Kingdom;
– to keep an eye open for violations of intellectual property caused by other users, and in case of establishment of such, to alert the supplier;
– to prejudice in any way the rights of the Supplier, as well as of a third party, through his/her actions related to the implementation of the contract for online trading;
VII.Liability. Limitation of Liability.
48. The site www.brickfielder.co.uk provides for online purchase of sports products, access to which is carried out in accordance with the rules stipulated in these Terms and Conditions, and the Supplier shall ensure the authenticity and authorship of the content of the published materials, as well as their correctness and relevance. The Supplier shall not be obliged to monitor the information stored, transmitted or made available while providing services to the Users, nor to seek facts and circumstances that indicate the occurrence of unlawful activity. In case any User of the site suffers damage as a result of incorrect information and/or non-relevance of a material coming from www.brickfielder.co.uk, the supplier shall in no way be liable.
49. If the Supplier suffers any damage due to malicious actions on the part of any User of the website, the said user is obliged to compensate the company “Brickfielder Ltd” for all incurred direct and immediate damages, including paid compensations to third parties, judicial expenses, etc., lawyer’s fees, etc. The User is obliged to compensate the provider also in cases where the malicious actions have been carried out by third persons who have been authorized by the user to use his/her username, email, used for the registration, passwords and in general, a part or all of the data he/she has provided during registration.
50. The Supplier shall not be liable for consequential damages to the software, hardware or telecommunications equipment, or for any loss of information, caused by materials or resources, searched for, loaded or used in any way through the online services provided by the site for electronic commerce.
51. The Supplier shall not be liable for any damages resulting from suspension, modification or restriction of the services, deletion, modification, loss, inaccuracy or omissions in the messages, materials or information transferred, used, recorded, reproduced or available on the website.
52. The Supplier is not liable for the termination of the access to the site and/or of the goods and/or for their provision with poor quality which are due to tests carried out on the part of the Supplier for the purpose of checking the equipment, networks, and so on.
53. The Supplier is not responsible for problems in the provision of a service for electronic commerce due to the users’ inappropriate equipment, as well as to the incompatibility of the software applications used by them and the services provided through the site.
54. The Supplier is not responsible for the termination of the provision of services due to the occurrence of circumstances beyond its control – cases of force majeure, accidental events, problems in the global internet network, actions or non-actions of third parties etc.
55. The Supplier has the right to collect and store information about its users for their registration in such a way as to allow their identification.
56. The Supplier should take the necessary actions to prevent third party’s access to the stored users’ information. The Supplier undertakes not to provide the collected information about the Users to third parties except in the cases where the User has given his/her consent, or an official request has been made by authorities expressly empowered for the purpose.
57. The User may terminate the contract described in the Terms and Conditions with one week’s prior written or electronic notice.In this case, he/she should present proof of payment of all the goods ordered through the website www.brickfielder.co.uk, as well as make personally unambiguous statement that he/she does not wish to use the service provided for electronic commerce any more. The notice must contain all the cited data to make sure that the said will has been expressed by the respective user based on the technical coincidence of the user data supplied for the registration.Notices may be sent to the e-mail
58. In cases of default and/or abuse on the part of the Users attributable to these Terms and Conditions and/or breach of them, as well as the United Kingdom copyright legislation, the Supplier has the right to terminate the contract without notice, and in this case the penalties and compensations agreed in this contract will be due. In this case the rules for contracts with periodic execution will apply.
59. This contract shall cease automatically in the event of termination of the activity of the supplier “Brickfielder Ltd”and with the termination of the maintenance of the website www.brickfielder.co.uk by the trader, as well as by mutual agreement of the parties hereto.
60. All matters not provided for in this contract shall be governed by the provisions of the legislation of the United Kingdom.
61. All disputes between the parties shall be resolved in a spirit of understanding and good will.In the event of not reaching any agreement, all unresolved disputes arising from the contract for the provision of online e-commerce and/or these Terms and Conditions, as well as between the parties hereto, including disputes arising out of and/or relating to their interpretation, invalidity, execution, termination, as well as disputes for filling in the gaps in the Terms and Conditions and the contract or their adaptation to new circumstances, will be settled by the competent court.
No part of this site, including its copyrighted content, trade mark, design, domain, functionality or the verbal content, including these Terms and Conditions may not be reproduced, modified or disseminated in violation of the legislation governing intellectual property without the prior written consent of “Brickfielder Ltd”as the owner of the site.In the case of such unlawful actions the responsible natural or legal persons will be charged accordingly with criminal, civil, and administrative responsibility and will owe compensation for any incurred damages to the owner of the website www.brickfielder.co.uk.
I am signing these Terms and Conditions, and declare that I have read and understood them and that I agree with them.