TERMS OF SERVICE
ACCEPTANCE OF TERMS OF SERVICE.
- By using the Services, including but not limited to browsing, registering, or making purchases through the Site, you are agreeing to these Terms of Service as well as any additional operating rules, policies, and procedures that we may publish on the Site from time to time. These terms are incorporated by reference and may be updated by us periodically.
- Please note that some of the Services may have additional terms and conditions that are specified by us periodically. Your use of these Services is subject to those additional terms and conditions, which are incorporated into these Terms of Service by reference. If you have signed up for a BRET'S shave plan or any other automatically renewing subscription service, please take the time to read the "Auto-Renewals and Recurring Billing for Shave Plans and Other Subscription Services" section provided below.
- These Terms of Service are applicable to all users of the Services, regardless of whether they are registered or unregistered users.
By using the Services, you represent and warrant that you are at least 18 years old. If you are under 18 years old, you may not use the Services for any reason under any circumstances. We reserve the right to refuse to offer the Services to anyone or any entity and to modify our eligibility criteria at any time at our sole discretion. Please note that the Services are solely intended for your personal use and not for the use or benefit of any third party.
In order to use the Services, you must first register for an account (an "Account"). When registering for an Account, you are required to provide accurate and complete information, and to ensure that this information is kept up to date. You must not: (i) choose or use a username that belongs to another person with the intention of impersonating them; (ii) use a username that is subject to the rights of another person without obtaining appropriate authorization; or (iii) use a username that is offensive, vulgar, or obscene. You are solely responsible for all activity that takes place on your Account, including any transactions made using your login details, and for maintaining the security of your Account password. You may not use someone else's user account or registration information for the Services without their permission. If your eligibility to use the Services changes or you become aware of any security breach or unauthorized use of your Account, you must inform us immediately. You should never disclose your Account login information to anyone else. You have the right to delete your Account, either directly or by requesting assistance from one of our employees or affiliates.
These Terms of Service define "Content" as inclusive of various materials like data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features, which are created, supplied, or made available through the Services. While we aim to ensure that all the Content in the Services (excluding user-generated content, where applicable) is accurate, it is not meant to serve as authoritative guidance or advice to be relied upon. Before acting on such information, you should verify it with us or the appropriate information source.
NOTICES AND RESTRICTIONS
The Services may include Content that is provided by us or our partners, and this Content is protected by laws governing copyrights, trademarks, service marks, patents, trade secrets, and other proprietary rights. You must comply with all copyright notices, information, and restrictions that are contained in any Content that you access through the Services.
We grant each user of the Services a non-exclusive, non-sublicensable, non-transferable license to use the Content solely for the purpose of using the Services, subject to these Terms of Service. You may download and display the Content locally on your device. Any use, reproduction, modification, distribution, or storage of the Content for any other purpose other than using the Services is prohibited without our prior written consent. You may not sell, license, rent, or exploit any Content for commercial purposes or in any way that infringes on any third party's rights.
AVAILABILITY OF CONTENT
We cannot guarantee that any Content will be available on the Site or through the Services. We reserve the right to remove, edit or modify any Content at any time, without notice to you and for any reason. This may include removing or blocking Content if we receive claims or allegations from third parties or authorities relating to such Content or if we suspect that you have violated these Terms of Service. We may also remove or block any Content from the Services for no reason at all.
RULES OF CONDUCT
- As a condition of use, you agree that you will not use the Services for any activity that violates these Terms of Service. You are solely responsible for all of your actions in connection with the Services.
- You are prohibited from engaging in certain activities while using the Services, including but not limited to: (i) overburdening our infrastructure or that of our third-party providers; (ii) disrupting or attempting to disrupt the normal functioning of the Services or activities conducted on the Services; (iii) attempting to bypass or circumvent any measures we have in place to restrict access to the Services or connected accounts, computer systems, or networks; (iv) using auto-responders or sending spam; (v) using automated or manual means to crawl or spider any page of the Site; (vi) scraping or harvesting any Content from the Services; (vii) distributing false, misleading, unlawful, untruthful, or inaccurate information; (viii) uploading any viruses, codes, files, or programs intended to damage or obtain unauthorized access to any system, data, password, or information of ours or any third party; or (ix) otherwise violating our guidelines and policies.
- You are prohibited from engaging in the following activities, either directly or indirectly: (i) attempting to decipher, decompile, disassemble, reverse engineer or otherwise derive any source code or underlying ideas or algorithms of any part of the Services, including applications, except where such activities are specifically allowed by applicable laws; (ii) creating derivative works, translating or modifying any part of the Services; or (iii) transferring, distributing, renting, leasing or copying any of the rights granted to you under these Terms of Service. You are required to comply with all applicable local, state, national and international laws and regulations.
- We may access, read, preserve, and disclose any information we believe is reasonably necessary to: (i) comply with any applicable law, regulation, legal process, or governmental request; (ii) enforce these Terms of Service, including investigating any potential violations; (iii) prevent or address fraud, security, or technical issues; (iv) respond to user support requests; or (v) protect the rights, property, or safety of us, our users, and the general public.
- By placing an order for our products, you acknowledge and agree that the products are intended for personal use only. You agree not to resell or distribute the products for any commercial purposes. If we have reasonable grounds to suspect that your order is not for personal use, we reserve the right to reject or cancel your order at any time.
THIRD PARTY SERVICES
When using the Services, you may have the ability to access and link to other websites, services, or resources on the Internet. However, you understand and agree that any such access or use is at your own risk. We do not have control over these third-party resources and are not responsible for their content, functions, accuracy, legality, appropriateness, or any other aspect of these websites or resources. The inclusion of any links does not imply endorsement or association between us and their operators. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods, or services available on or through any such website or resource.
APPLE DEVICE AND APPLICATION TERMS
The following terms and conditions apply if you access the Services using an application on an Apple device or an application downloaded from the Apple App Store:
- You and Bret’s acknowledge that these Terms of Service are between you and Bret’s, and not with Apple, and that Apple is not responsible for, does not endorse, and is not involved in the application.
- You are granted a limited, non-exclusive, non-transferable, and non-sublicensable license to use the application solely for your personal, private, and non-commercial use in connection with the Services, subject to all the terms and conditions of these Terms of Service that are applicable to the Services.
- The use of the application is limited to an Apple device that you either own or have control over.
- You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the application;
- If the application fails to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure. If you do so, Apple's sole warranty obligation to you will be to refund the purchase price, if any, of the application.
- You agree that Apple has no obligation to provide any maintenance or support services for the application.
- It is acknowledged and agreed that if a third party asserts that the application or your use of the application infringes upon their intellectual property rights, Bret's will be responsible for investigating, defending, settling, and discharging any such claim, and not Apple.
- You guarantee and confirm that you are not situated in a nation under a U.S. government embargo or classified as a "terrorist supporting" nation by the U.S. government, and that you are not included in any U.S. government list of restricted or prohibited parties.
- Both you and Bret’s agree to comply with any applicable third-party terms of agreement that may be affected by your use of the application.
- You and Bret’s acknowledge and agree that Apple and its subsidiaries are third-party beneficiaries of these Terms of Service. By accepting these Terms of Service, you also agree that Apple has the right to enforce these Terms of Service against you as a third-party beneficiary.
IN APP PURCHASES
By using the application, you may have the option to make In App Purchases for certain Goods intended to improve the functionality of the Services. These In App Purchases are made through the Apple iTunes service and are subject to its Terms and Conditions. Please note that we are not a party to any In App Purchase transaction.
ORDERING, DELIVERY, PAYMENTS AND BILLING
PAID SERVICES AND TERMS OF SALE
Our Services may include Paid Services, which could require payments now or in the future, such as purchasing products or subscriptions (e.g. shave plans). You can refer to our Help/FAQ section for details on our current Paid Services, shipping terms, cancellation, and refund policies. It's important to note that any payment terms that you encounter while using or signing up for a Paid Service are considered part of these Terms of Service.
You are free to place an order for Paid Services at any time, as long as our Services are available. Before submitting your order by clicking the "Submit Purchase" button on the checkout page, you can review and correct any input errors you may have made. By placing an order, you are making a legally binding offer to purchase the Paid Services as described in your order, subject to the Terms of Service and the specified price and terms. We reserve the right to accept or reject any order. We will not consider your order accepted until we have received payment for the purchase price. After payment processing, we will send you an Order Confirmation to the email address you provided, which you can print for your records. Once the product(s) are delivered to the shipping address you specified and payment has been received in full, title and risk of loss will pass to you. This includes any delivery charges.
The products and services we offer, including our Paid Services, are intended for your personal, non-commercial use only. Once you receive them, you are not allowed to resell, export, redistribute, or use them for any commercial purpose. The rights granted to you under these Terms of Service are personal and cannot be transferred to any other individual or entity.
It's important to understand that we cannot provide refunds, exchanges, or customer service for products obtained from an unauthorized reseller. This includes any seller on online marketplaces like Amazon, eBay, or similar platforms.
We will fulfill your order within the delivery date specified in the Order Confirmation, or within 30 days after the Order Confirmation if no specific delivery date is mentioned, unless there are unforeseen circumstances that prevent us from doing so.
The terms of your payment will depend on your Payment Method and any agreements you have with the financial institution, credit card issuer, or other provider of your selected Payment Method. If we do not receive payment from you through the Payment Processor, you agree to pay any outstanding amounts on your Billing Account upon request.
SUBSCRIPTIONS, CANCELLATIONS AND REFUNDS
CONSUMER CANCELLATION RIGHTS
You have the right to cancel your order at any time before delivery, and up to 14 days after the delivery date, starting from the day after the products are delivered to you. If you choose to cancel, you will receive a full refund of the price paid for the products in accordance with our Refunds Policy (refer to the section below).
To cancel an order, you must inform us clearly, preferably by:
• by going to your Account, calling us at 01707 321 823, or emailing us at sales@Bret's.com, giving us your name, address and order reference; or
• by completing and submitting our cancellation form available on the Site here.
After notifying us of the cancellation, you must also return the product(s) to us within 14 days in the same condition as you received them (except for any reasonable steps taken to inspect the product(s) to ensure they meet your order requirements). While the product(s) is in your possession, you have a legal responsibility to take reasonable care of it. If you do not comply with this obligation, we may have the right to deduct from your refund, up to the product(s) price, any costs incurred due to any deterioration (such as usage) of the product(s).
When returning the product(s), please ensure that the parcel is securely packaged, with your name and address included in a note inside the parcel (and an enclosed returns slip, if provided). You may then send the parcel to us through a courier or by recorded delivery mail or other form of certified mail. Our return address is: Bret's Returns Unit 1G, Tewin Court, Welwyn Garden City, Hertfordshire AL7 1AU, United Kingdom.
Details of the consumer rights described above, and an explanation of how to exercise them, are provided in the Order Confirmation.
If you decide to cancel an order within the 14-day cooling-off period (as mentioned above), we will promptly process any refund owed to you, and no later than 14 days after we receive the product(s) back or receive evidence that you have sent the product(s) back to our returns address (as stated above), whichever comes first. The refund will cover the full price paid (excluding any deductions we are entitled to make due to your use of or damage to the product(s)), as well as the cost of standard delivery. However, we will not refund the cost of returning the product(s) to us. If you received any promotional or other discount when you paid, any refund will only reflect the amount you actually paid.
Unless agreed otherwise, refunds will be issued using the same Payment Method that you used for the original purchase.
AUTO-RENEWALS AND RECURRING BILLING FOR SHAVE PLANS AND OTHER SUBSCRIPTION SERVICES
The Paid Services may include Subscription Services, such as the purchase of auto-replacing razor blades or other products in a shave plan, which may have an initial period with a one-time charge or a Trial Offer, followed by recurring periodic charges as agreed upon by you when you sign up for such auto-replacing products. These Subscription Services allow you to specify the frequency of your orders. If you do not opt out of a Subscription Service, which can be done through the methods described below, the Subscription Service you have signed up for will be automatically renewed for successive periods of the same duration as the original subscription term, at the current non-promotional rate. You can find more information on Subscription Services on our Help/FAQ page. By selecting a Subscription Service, you acknowledge that it involves recurring payments, and you are responsible for all recurring charges until cancellation.
You can modify or cancel your Subscription Services anytime by accessing your Account, contacting us at 01707 321 823, or emailing us at sales@Bret's.com. If you cancel a Subscription Service, it will not be renewed after the expiration of the current subscription term. Please note that it is your responsibility to inform us in advance of any changes or cancellations to your Subscription Services.
CURRENT INFORMATION REQUIRED
It is your responsibility to ensure that the information provided for your Billing Account is current, accurate, and complete. If any changes occur, such as a change in billing address, credit card number, or credit card expiration date, you must update your Billing Account promptly to reflect such changes. Furthermore, if your Payment Method is lost, stolen, or potentially compromised, such as the unauthorized disclosure or use of your username or password, you must notify us or our Payment Processor immediately. You can update this information on your Account page. Failure to provide accurate and up-to-date information may result in us continuing to charge you for the use of Paid Services under your Billing Account, even if you have terminated your Paid Services as described above.
CHANGE IN AMOUNT AUTHORIZED
Prior to any transaction, you preauthorize a specific amount to be charged to your Billing Account. If the actual amount to be charged differs from the preauthorized amount (excluding any changes in sales taxes), we will provide you with notice of the amount to be charged and the date of the charge before the scheduled transaction date. If you do not wish to proceed with the purchase after receiving this notice, you may cancel it before the scheduled transaction date. Your payment provider's agreement will govern the use of your Payment Method. We may accumulate the incurred charges and submit them as one or more aggregate charges during or at the end of each billing cycle.
REAFFIRMATION OF AUTHORIZATION
By continuing to use a Paid Service, including Subscription Services, you are authorizing us to charge your Payment Method for that service. Your non-termination or continued use of the service confirms this authorization. We may submit the charges for payment and you will be responsible for paying them. This does not waive our right to seek payment from you directly. The payment terms for the service may require payment in advance, in arrears, per usage, or as described when you initially selected to use the Paid Service.
FREE TRIALS AND OTHER PROMOTIONS
If you participate in a Trial Offer for a Paid Service, you must use it within the specified time frame. A valid Payment Method is required to initiate a Trial Offer. To avoid being charged for the Paid Service, you must stop using it before the end of the Trial Offer period. If you are mistakenly charged for a Paid Service after canceling before the end of the Trial Offer period, please contact us at sales@Bret's.com. Trial Offers are available only to new customers and are limited to one per household. Additional terms and limitations may apply, which will be explained in more detail when you sign up for the Trial Offer. Such additional terms and limitations are considered part of these Terms of Service.
We reserve the right to terminate your access to any or all of the Services, with or without cause, and with or without notice, effective immediately. This may result in the deletion or destruction of all information associated with your Account. If you wish to terminate your Account, you can do so by following the instructions on the Site or through the Services. Unless expressly stated otherwise in these Terms of Service or required by applicable law, any fees paid are non-refundable, even in the event of termination. Certain provisions of these Terms of Service, such as ownership provisions, warranty disclaimers, indemnity provisions, and limitations of liability, will survive termination.
We do not make any representations regarding the accuracy, legality, or copyright compliance of any user-generated content that is accessible through the Services. We will not be held responsible or liable for any such material or content. Furthermore, we cannot guarantee that any content or services provided through the Services will be free from viruses or other harmful code. You are solely responsible for implementing appropriate security measures, such as anti-virus software and security checks, to ensure that the content is safe and reliable according to your specific requirements.
LIMITATION OF LIABILITY
Nothing in these Terms of Service shall limit or exclude our liability to you:
- for death or personal injury caused by our negligence;
- for fraudulent misrepresentation;
- for breach of any term implied by the Consumer Rights Act 2015 and which, by law, may not be limited or excluded;
- under Part I of the Consumer Protection Act 1987; or
- for any other liability that, by law, may not be limited or excluded.
Except as expressly provided otherwise in these Terms of Service or required by applicable law, we shall not be liable to you for any business losses, including without limitation, loss of profits, loss of revenue, loss of data, or any other indirect, consequential or economic loss whatsoever. In any event, our total liability to you for any and all claims arising from or related to these Terms of Service shall not exceed the purchase price of the relevant product(s) purchased in the order giving rise to the claim. Our liability is strictly limited to losses that were reasonably foreseeable. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
We shall not be held liable or accountable for any delay or failure in the execution of our obligations under any order, which is caused by events beyond our reasonable control.
You and we agree that any dispute arising from these Terms of Service or any order shall be resolved exclusively by the courts of England. However, if you reside in Scotland or Northern Ireland, you may choose to initiate legal proceedings either in your own country or in England. If we initiate legal proceedings, we may only do so in your country.
The European Online Dispute Resolution platform http://ec.europa.eu/consumers/odr/ provides information about alternative dispute resolution which may be of interest and we are required to inform you that you may use it if there is a dispute that cannot be resolved between you and us.
GOVERNING LAW AND JURISDICTION
Subject to the Disputes section above, these Terms of Service shall be governed by and construed in accordance with English law.
We are required by law to advise you that orders may be concluded in the English language only and that no public filing requirements apply.
We have the right, at our discretion, to modify or replace any of these Terms of Service, or to change, suspend, or discontinue the Services (including, without limitation, the availability of any feature, database, or content) at any time. We will notify you of any such changes by posting a notice on the Site or by sending you notice through the Services, via e-mail, or by other appropriate means of electronic communication. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. While we will provide timely notice of modifications, it is your responsibility to periodically check these Terms of Service for changes. Except as otherwise provided in the Disputes section, your continued use of the Services following notification of any changes to these Terms of Service constitutes your acceptance of those changes.
ENTIRE AGREEMENT AND SEVERABILITY
These Terms of Service constitute the entire agreement between you and us concerning the Services, including the use of the Site, and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and us regarding the Services. If any provision of these Terms of Service is found to be unenforceable or invalid, such provision will be limited or eliminated to the minimum extent necessary so that these Terms of Service will otherwise remain in full force and effect and be enforceable. The failure of either party to exercise any right provided for herein shall not be deemed a waiver of any further rights hereunder.
You may not assign, transfer, or sublicense these Terms of Service to anyone else without our prior written consent as they are personal to you. We, on the other hand, reserve the right to assign, transfer, or delegate any of our rights and obligations under these Terms of Service without requiring your consent.
Coupon codes cannot be redeemed for cash and have no cash value. They cannot be combined with any other offers and only one coupon code can be used per order. Each coupon code has a specific redemption period as indicated with the coupon code itself. Reproduction, resale, modification, or trade of coupon codes without authorization is strictly prohibited.
All User Content, whether publicly or privately transmitted, including product reviews, survey responses and comments (“User Content”), that is submitted to us or to the Services by users, is the sole responsibility of the person who created such User Content. By submitting User Content, you represent and warrant that it is accurate, complete, up-to-date, and in compliance with all applicable laws, rules, and regulations. User Content must not: (i) infringe upon intellectual property rights, data protection, or privacy rights of any individual; (ii) be defamatory or threatening; (iii) impersonate any person or entity; (iv) contain unauthorized advertising; or (v) transmit or distribute any virus and/or other code that has contaminating or destructive elements. We make no representations, warranties, or guarantees with respect to any User Content that you access on or through the Services.
You own all User Content that you submit, but by submitting such content to us or to the Services, you grant us a worldwide, perpetual, irrevocable, non-exclusive, transferable, sub-licensable (through multiple tiers), royalty-free license to use, copy, transmit, distribute, publicly perform and display (through all media now known or hereafter created), edit, modify, and create derivative works from your User Content (including, without limitation, your name, likeness, photographs, and testimonials) for any purpose whatsoever, commercial or otherwise, without any compensation to you. By submitting User Content, you also waive any so-called "moral rights" or rights of privacy or publicity in your User Content. If you provide suggestions, ideas, or feedback to us regarding the Services, we may use such suggestions, ideas, or feedback for any purpose without any compensation to you.
These Terms of Service do not create an agency, partnership, joint venture, or employment relationship between you and us, and neither party has the authority to bind the other party in any way.
All notices under these Terms of Service must be in writing, except when otherwise specified, and will be considered received on the following occasions: (i) if delivered personally or by certified or registered mail, return receipt requested, when received; (ii) if electronically confirmed, when receipt is electronically confirmed via facsimile or email; or (iii) if sent for next-day delivery by a recognized overnight delivery service, the day after it is sent. Electronic notices should be directed to sales@Bret's.com..
If we fail to enforce any provision of these Terms of Service, it does not mean that we give up our right to enforce that provision or any other provision in the future. Waiving compliance with any provision of these Terms of Service in one instance does not mean that we will waive it in the future. To be legally binding, any waiver of compliance with these Terms of Service must be provided to you in writing through one of our authorized representatives.
The section and paragraph headings in these Terms of Service are for convenience only and shall not affect their interpretation.
You may contact us at the following address: Bret's, Unit 1G, Tewin Court, Welwyn Garden City, Hertfordshire, AL7 1AU, United Kingdom.
EFFECTIVE DATE OF TERMS OF SERVICE:
26 February 2023