Terms of sale

BRASS MONKEY HEALTH LTD TERMS AND CONDITION OF SALE

Our group companies

You acknowledge that products or services might be provided by other companies within the Brass Monkey group and that these terms apply equally across our group. Any such company may enforce the terms of the contract.

Where to find information about us and our products

You can find everything you need to know about us, Brass Monkey Health Ltd, and our products on our website before you order. We also confirm the key information to you in writing by email.

When you buy from us you are agreeing that:

1. We only accept orders when we've checked them
   Depending on how your order is placed, we will usually contact you to confirm your order and then contact you again to confirm we've accepted it
   
   
2. Sometimes we reject orders
   Sometimes we reject orders, for example, because a product is unexpectedly out of stock, because we cannot source the relevant materials, because you are located outside our delivery areas or because the product was mispriced by us. When this happens, we let you know as soon as possible and refund any sums you have paid.
   
   
3. We charge you when you order.
1. If you place an order online, via email or after talking to one of our experts, a payment link will be generated, and you can either pay online or via bank transfer. You will own any products you buy once we have received payment for them in full or when we deliver the products to you (whichever is later).
2. If we are shipping outside of the UK, taxes and/or import duties might be charged separately. If taxes and/or import duties are not clearly shown on your order, then please expect to pay these separate to the amount that you pay to us. We might provide an estimate of taxes and/or import duties when you order but either us or our logistics partners will confirm the correct amount to you. We’re not responsible for any issues arising from this.
4. We charge interest on late payments
   If we're unable to collect any payment you owe us we charge interest on the overdue amount at the rate of 3% a year above the Bank of England base rate from time to time. This interest accrues on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You pay us the interest together with any overdue amount.
   
   
5. We pass on increases in VAT 
   If the rate of VAT (or other applicable tax) changes between your order date and the date we supply the product, we adjust the rate of VAT (or other applicable tax) that you pay, unless you have already paid in full before the change in the rate takes effect.
   
   
6. We're not responsible for delays outside our control
   If our supply of your product is delayed by an event outside our control, such as late arrival of parts, if parts fail our testing process or if you change your order, we will contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we do this, we won't compensate you for the delay, but if the delay is likely to be substantial you can contact our Customer Service Team (support@brassmonkey.co.uk or +44 113 526 7255) to end the contract and receive a refund for any products you have paid for in advance, but not received, less reasonable costs we have already incurred.
   
   
7. Products can vary slightly from their pictures
   A product's true colour may not exactly match that shown on your device or its packaging may be slightly different. Because our products are handmade, all sizes, weights, capacities, dimensions and measurements indicated on our website are estimates only.
   
   
8. You're responsible for making sure your measurements are accurate and that any materials you supply to us are suitable
   If we're making or supplying the product to measurements you provide, you're responsible for making sure those measurements are correct. If you would like information and tips on how to measure, or for us to measure for you (at an additional cost payable in advance), please contact our Customer Service Team: support@brassmonkey.co.uk or +44 113 526 7255. If you’re supplying materials for the product, you’re responsible for ensuring that the materials are suitable. We do not offer any warranty or guarantee in relation to products that you supply.
   
   
9. We offer installation and maintenance services (for a fee)
1. We always recommend that we (or other professionals) install the product for you. If you choose to instruct a third party to install or maintain the product, or do this yourself, we’re not responsible for any issues that might arise
2. If you would like us to install or maintain your product, this must have been agreed to in advance with our Customer Service Team. We will confirm the costs in writing after you have placed your order for services.
3. We are not responsible for any injury to any person or property that may occur during the delivery or installation process of the product.
10. We charge you if you don't give us information we need or do preparatory work as agreed with us
1. We will charge you additional sums if you don't give us or our delivery partners information we've asked for about how we can access your property for delivery or installation, or the correct delivery or customs declaration information. For example, we might need to re-deliver using different equipment, with extra manpower, with relevant specialists or in accordance with customs clearance.
2. We will charge you additional sums if you don’t do the preparatory work to prepare for the installation or maintenance of your products, as agreed with us. For example, if our installers are unable to perform the services on the agreed date due to your failures, we will charge you for the costs of another servicing visit.
11. Damage during transit is possible
1. You must check the shipment for any visible damage to the containers, boxes or other packaging (for example, if the boxes are dented, crushed, scratched, punctured or cut) on delivery and note this on the delivery note.
2. You should attempt to open the boxes and check for concealed damage prior to the delivery driver leaving. If this is not possible, note ‘Possible Concealed Damage’ on the delivery note.
3. You must unpack the products within 5 business days of delivery and carry out a full inspection for damage.
4. If you note any damage whatsoever on the delivery note, please ensure that this is signed by the delivery driver.
5. Please inform us of any damage by contacting our Customer Service Team: support@brassmonkey.co.uk or +44 113 526 7255 within 5 days of delivery.
12. You have a legal right to change your mind
1. Your legal right to change your mind. For most of our products bought online, you have a legal right to change your mind about your purchase and receive a refund of what you paid for it (we don’t offer exchanges). This is subject to some conditions, as set out below.
2. When you can't change your mind. You can't change your mind about an order for products that are made to your specifications, made to order, are bespoke in any way or are clearly personalised.
3. The deadline for changing your mind. If you change your mind about a product, you must let us know no later than 14 days after the day we deliver your product.
4. How to let us know. To let us know you want to change your mind, please log on to your customer account or contact our Customer Service Team: support@brassmonkey.co.uk or +44 113 526 7255.
5. Costs of a return. We will cover the costs of a return in the UK or Singapore. All other return costs will be covered by you, including all shipping costs, customs taxes and/or duties. The costs will either be passed to you or we will deduct them from any refund amount.
6. We reduce your refund if you have used or damaged a product. If you damage the product we will reduce your refund, to compensate us for its reduced value. For example, we will reduce your refund if the product's condition is not "as new", there are signs of excessive use or accessories are missing. In some cases, because of the way you have treated the product, no refund may be due. The product will be inspected at collection and our team can advise you on whether we're likely to reduce your refund.
7. When and how we refund you. If your product is a service or products that haven't been delivered, we refund you as soon as possible and within 14 days of you telling us you've changed your mind. If we’re collecting your products, we refund you within 14 days of collection. We refund you by the method you used for payment. We don't charge a fee for the refund. We will notify you by email when your return has been processed. Any refund can take a further 7-14 days to appear in your account.
8. Changing your mind before your product is delivered. We might be able to make a change to your order, but only within 48 hours of payment being made. You must contact our Customer Service Team: support@brassmonkey.co.uk or +44 113 526 7255 to discuss your options.
13. You have rights if there is something wrong with your product or service
1. If you think there is something wrong with your product or service. You must contact our Customer Service Team: support@brassmonkey.co.uk or +44 113 526 7255. We honour our legal duty to provide you with products and services that are as described to you on our website and that meet all the requirements imposed by law. Your legal rights are summarised below. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website (citizensadvice.org.uk).
   

   Summary of your key legal rights (products) The Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your product your legal rights entitle you to the following: Up to 30 days: if your goods are faulty, then you can get a refund. Up to six months: if your goods can't be repaired or replaced, then in most cases you're entitled to a full refund. Up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.

   
   

   Summary of your key legal rights (services) If your product is services, the Consumer Rights Act 2015 says: ·     You can ask us to repeat or fix a service if it's not carried out with reasonable care and skill, or get some money back if we can't fix it. ·     If a price hasn't been agreed upfront, what you're asked to pay must be reasonable. ·     If a time hasn't been agreed upfront, it must be carried out within a reasonable time.

2. In addition to the key legal rights set out above, we offer a warranty on some of our products. The terms of the warranty depend on your product. If your product is defective or develops a fault, please visit our website at: https://www.brassmonkey.co.uk/pages/warranty-information to find the terms of any applicable warranty. Please note that the limitations and exclusions (including in relation to the timing of your claim) will apply.
3. You must maintain your products in accordance with their instructions for our warranty to be valid. If you do not follow the instructions, we will not accept responsibility. We will also not accept responsibility where a defect arises due to third party installation or maintenance.
14. We can end our contract with you
1. We can end our contract with you for a product and/or service and claim any compensation due to us if:
   1. you don't make any payment to us when it's due and you still don't make payment within 7 days of our reminding you that payment is due;
   2. you don't, within a reasonable time of us asking for it, provide us with information, cooperation or access that we need to provide the product or service, for example, in relation to delivery; or
   3. you don't, within a reasonable time, allow us to deliver the product to you.
15. We don't compensate you for all losses caused by us, our products or our services
1. We're responsible for losses you suffer caused by us breaking this contract unless the loss is:
   1. Unexpected. It was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable).
   2. Caused by a delaying event outside our control. As long as we have taken the steps set out in the section: We're not responsible for delays outside our control (6).
   3. Something you could have avoided by taking reasonable action.
   4. A business loss. It relates to your use of a product for the purposes of your trade, business, craft or profession.
16. We use your personal data as set out in our Privacy Notice
    We will comply with all relevant data protection laws. How we use any personal data you give us is set out in our Privacy Notice: https://www.brassmonkey.co.uk/privacy-policy-2
    
    
17. You have several options for resolving disputes with us
1. Our complaints policy. Our Customer Service Team (support@brassmonkey.co.uk or +44 113 526 7255) will do their best to resolve any problems you have with us.
2. You can go to court. These terms are governed by English law and wherever you live you can bring claims against us in the English courts. If you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. We can claim against you in the courts of the country you live in.
18. Other important terms apply to our contract
1. Nobody else has any rights under this contract. This contract is between you and us (or our group companies as set out at the top of this document). Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.
2. If a court invalidates some of this contract, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.
3. Even if we delay in enforcing this contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you're not allowed to, but that doesn’t mean we can't do it later.

* The £250 voucher, is issued on full payment of an Ice Bath ordered in the UK. Gift Vouchers will be cancelled if an ice bath order is cancelled. Any amounts redeemed will be removed from refunds. Gift cards can only be issued if the unit is delivered in the UK and full payment has been recieved.