Thank you for visiting BushWear.co.uk. Please find below our terms and conditions of sale.
Please read these conditions carefully before using the BushWear.co.uk website. By using the BushWear.co.uk website, you signify your agreement to be bound by these conditions. In addition, when you use any current or future BushWear.co.uk service (eg: Wishlist ), you will also be subject to the guidelines and conditions applicable to that service.
Conditions Relating to Your Use of BushWear.co.uk
1. Your Account
If you use the website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering. You can access and update much of the information you provided us with in the Your Account area of the website.
BushWear.co.uk reserves the right to refuse access to the website, terminate accounts, remove or edit content, or cancel orders at our discretion. If we cancel an order, it will be without charge to you.
2. Privacy
Please review our Privacy Notice, which also governs your visit to BushWear.co.uk, to understand our practices.
3. Access to BushWear.co.uk
We will do our utmost to ensure that availability of the website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.
4. Licence for website access
BushWear.co.uk grants you a limited licence to access and make personal use of this website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of BushWear.co.uk. This licence does not include any resale or commercial use of this website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
This website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.
You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of BushWear.co.uk and its affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilising BushWear.co.uk's or its affiliates' names or trademarks without the express written consent of BushWear.co.uk. Any unauthorised use terminates the permission or license granted by BushWear.co.uk.
You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the Welcome page of BushWear.co.uk as long as the link does not portray BushWear.co.uk, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any BushWear.co.uk logo or other proprietary graphic or trademark as part of the link without our express written consent.
5. Your conduct
You must not use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way.
You understand that you, and not BushWear.co.uk, are responsible for all electronic communications and content sent from your computer to us and you must use the website for lawful purposes only.
You must not use the website for any of the following:
* for fraudulent purposes, or in connection with a criminal offence or other unlawful activity
* to send, use or reuse any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing; or in breach of copyright, trademark, confidence, privacy or any other right; or is otherwise injurious to third parties; or objectionable; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam"
* to cause annoyance, inconvenience or needless anxiety
6. Reviews, comments, communications and other content
Users of this website may post reviews, comments and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, as long as the content is not illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties, or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content. BushWear.co.uk reserves the right (but not the obligation) to remove or edit any content.
If you do post content or submit material, and unless we indicate otherwise, you grant BushWear.co.uk and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant BushWear.co.uk and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to BushWear.co.uk, including the execution of deeds and documents, at the request of BushWear.co.uk.
You represent and warrant that you own or otherwise control all of the rights to the content that you post; that, as at the date that the content or material is submitted to BushWear.co.uk: (i) the content and material is accurate; (ii) use of the content and material you supply does not breach any applicable BushWear.co.uk policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory). You agree to indemnify BushWear.co.uk and its affiliates for all claims brought by a third party against BushWear.co.uk or its affiliates arising out of or in connection with a breach of any of these warranties.
7. Defamation claims
Because BushWear.co.uk lists thousands of products for sale on the website and hosts many hundreds of comments, it is not possible for us to be aware of the contents of each product listed for sale, or each comment or review that is displayed. Accordingly, BushWear.co.uk operates on a "notice and takedown" basis. If you believe that any content on, or advertised for sale on, the website contains a defamatory statement, please notify us immediately by following our Notice and Procedure for Notifying of Defamatory Content. Once this procedure has been followed, BushWear.co.uk will make all reasonable endeavors to remove the defamatory content complained about within a reasonable time.
8. Copyright and database rights
All content included on the website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of BushWear.co.uk, its affiliates or its content suppliers and is protected by United Kingdom and international copyright and database right laws. The compilation of all content on this website is the exclusive property of BushWear.co.uk and its affiliates and is protected by United Kingdom and international copyright and database right laws. All software used on this website is the property of BushWear.co.uk, our affiliates or our software suppliers and is protected by United Kingdom and international copyright laws.
You may not systematically extract and/or re-utilise parts of the contents of the website without BushWear.co.uk's express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this website, without BushWear.co.uk's express written consent. You also may not create and/or publish your own database that features substantial (eg our prices and product listings) parts of this website without BushWear.co.uk's express written consent.
9. Copyright claims
BushWear.co.uk and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement.
Conditions Relating to the Sale of Products to You
This section deals with conditions relating to the sale of products by BushWear.co.uk to you.
10. Our contract
When you place an order to purchase a product from BushWear.co.uk, we will send you an e-mail confirming receipt of your order and containing the details of your order. Your order represents an offer to us to purchase a product which is accepted by us when we send e-mail confirmation to you that we've dispatched that product to you (the "Dispatch Confirmation E-mail"). That acceptance will be complete at the time we send the Dispatch Confirmation E-mail to you. Any products on the same order which we have not confirmed in a Dispatch Confirmation E-mail to have been dispatched do not form part of that contract.
11. Returns
Please review our Returns Policy, which applies to products purchased from us. In addition to your 14-day returns guarantee, customers in the European Union are entitled to a statutory cooling-off period of seven business days. Details of this statutory right and an explanation of how to exercise it are provided in the order confirmation e-mail and in the Returns Policy.
12. Pricing and availability
We list information for products sold by us on the website, including on each product information page. Beyond what we say on that page or otherwise on the website, we cannot be more specific about availability. Please note that dispatch estimates are just that. They are not guaranteed dispatch times and should not be relied upon as such. As we process your order, we will inform you by e-mail if any products you order turn out to be unavailable.
Despite our best efforts, a small number of the thousands of products in our catalogue may be mispriced. Rest assured, however, that we verify prices as part of our dispatch procedures. If a product's correct price is lower than our stated price, we charge the lower amount and send you the product. If a product's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before dispatch or cancel your order and notify you of such cancellation.
13. Customs
When ordering goods from BushWear.co.uk for delivery overseas you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you; we have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country, so you should contact your local customs office for further information. Additionally, please note that when ordering from BushWear.co.uk, you are considered the importer of record and must comply with all laws and regulations of the country in which you are receiving the goods. Your privacy is important to us and we know that you care about how information about your order is used and shared. We would like our international customers and customers dispatching products internationally to be aware that cross-border deliveries are subject to opening and inspection by customs authorities. For more information see Customs Information in your local country.
14. Children
BushWear.co.uk does not sell products for purchase by children. We sell children's products for purchase by adults. If you are under 18, you may use BushWear.co.uk only with the involvement of a parent or guardian.
15. Electronic communications
When you visit BushWear.co.uk or send e-mails to us, you are communicating with us electronically. We communicate with you by e-mail or by posting notices on the website. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
16. Losses
BushWear.co.uk will be responsible for any losses you suffer as a result of us breaching these conditions if the losses were reasonably foreseeable to both you and us when you commenced using the website, or a contract for the sale of goods by us to you was formed. We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure) or any other indirect or consequential loss that is not reasonably foreseeable to both you and us when you commenced using the website or when a contract for the sale of goods by us to you was formed. BushWear.co.uk does not limit in any way our liability by law for death or personal injury caused from our negligence or breach of duty.
17. Alteration of Service or Amendments to the Conditions
We reserve the right to make changes to our website, policies, and these Conditions of Use & Sale at any time. You will be subject to the policies and Conditions of Conditions of Use & Sale in force at the time that you use the website or that you order goods from us, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.
18. Events beyond our reasonable control
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.
19. Waiver
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
20. Governing law and jurisdiction
These conditions are governed by and construed in accordance with the laws of Scotland. You agree, as we do, to submit to the non-exclusive jurisdiction of the Scottish courts.
21. Our details
BushWear.co.uk is the trading name for ScoNZ Imports Ltd.
This website is owned and operated by ScoNZ Imports Ltd
For the BushWear.co.uk website:
ScoNZ Imports Ltd
Drumdruills Farm
Bridge of Allan
Stirling, Scotland
FK9 4LZ
VAT Reg. No. GB 817 3771 15
Co Reg No. SC250416
Important warning: giving false, misleading or inaccurate information in the Notice to BushWear.co.uk of Copyright Infringement may result in civil and criminal liability.
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Notice to BushWear.co.uk of Copyright Infringement
In the matter of www.BushWear.co.uk.
S T A T E M E N T
I, [please set out your full name] of [please give your postal address], [please state your occupation], say as follows:
1. I refer to the website www.BushWear.co.uk ("the website"). I make this statement in support of my giving BushWear.co.uk notice that, via the website, it is causing or contributing to an infringement of copyright.
2. The work in which copyright is claimed to subsist is [please clearly identify and describe the copyright work(s) claimed to be infringed] ("Copyright Work").
3. [I am] OR [I am authorised to act on behalf of] the owner of an exclusive right in the Copyright Work that is claimed to be infringed. [If the person making the statement is acting on behalf of the Complainant please include the following:] The person/entity claiming that its rights in the Copyright Work have been infringed is [please state name and address of the person/entity] ("Complainant"). I am [please explain the relationship of the signatory to the Complainant].
4. The material which is claimed to infringe the Copyright Work ("Infringing Material") is: [please clearly identify and describe the infringing material or work(s)].
5. The Infringing Material (delete whichever paragraph is not applicable):
(a) [is] OR [is part of a (book/CD/DVD/video) entitled (title and author)] available for purchase from BushWear.co.uk via the website. [If the Infringing Material comprises only part of the relevant title, include the following:] The Infringing Material comprises [please describe where in the product the copyright work appears, eg: pages, track numbers, video/DVD timecode] of this product.
OR
(b) appears on the website at [please cut and paste the address of the relevant Web page from the website where the Infringing Material appears].
6. The use of the Infringing Material described in paragraph 5 infringes [my rights] OR [the rights of the Complainant] in the Copyright Work and is not authorised by the copyright owner, its agent(s), or the law.
7. I understand that this statement may be used in any court proceedings that may arise out of or relating to the Infringing Material.
Our "no quibbles" guarantee means that if for any reason you are unhappy with your purchase, i.e. the item you have ordered is faulty, defective or you've had a change of heart (which is fair enough) you must return it to us unused and in its original condition within 30 days for a prompt replacement, exchange or refund.
How do I return an item?
Simply call us on 0845 226 0469 or email sales@bushwear.co.uk and one of our Customer Support team will issue you with a Returns Authorisation Code that will enable us to process your return quickly and efficiently. You must obtain a Returns Authorisation Code before sending anything back to us or we will not be able to process your return. All products returned to us will be thoroughly checked by our Returns Department and only then will a refund, replacement or exchange be authorised and processed. Returns are usually processed within 7 working days of receipt. A refund will be made in the same form of payment that was used to make the initial purchase. Return shipping costs will not be refunded unless the items are faulty.
To help you return an item, we have developed some simple and easy to follow guidelines:
Faulty or incorrect item received: If you return an item because of an error on our part, or it is defective, we will happily refund your costs in returning it to us (please either enclose a copy of your postage receipt when you return the item or fax it to us on 0845 226 9329, so that we can process your refund). You are responsible for any other service provided to you in connection with your purchase, e.g. gift wrapping. The complete item(s) (including all parts, accessories, instructions and packaging etc) must be returned within 30 days of purchase, otherwise we will not be able to refund you.
Change of heart: Goods returned to us because of a change of heart must be unused and in perfect, re-saleable condition (including all parts, accessories, instructions and packaging etc), otherwise we will not be able to refund you. Goods that include software, DVD or Video: any item which includes software, DVD or Video must be returned unopened. You are responsible for any other service provided to you in connection with your purchase, e.g. gift wrapping, delivery charge and returns postage. The item(s) must be returned within 30 days of purchase.
When first trying out your new product, please do so somewhere clean and safe - we can't replace muddy, scratched, torn or grass-stained stuff.
Perishable goods: We are unable to accept returns of perishable goods.
Returning a gift: We are happy to exchange unwanted, faulty or defective products that have been sent as a gift. If you are returning an item but would like to exchange it for something else and you're not sure what, we are happy to issue a gift voucher for the value of the item you are returning. If a refund is required however, please note that refunds of the purchase price for items bought as gifts can only be given to the original purchaser.
Returns lost in transit: We cannot be held responsible for packages lost in transit as you are responsible for returning the item(s) to us. We strongly recommend that you are adequately insured and that you send the package by either Recorded/Special Delivery, depending on the value of the product/s you are returning (check with the Post Office). Please keep your proof of postage until you have received your replacement or refund. If we have advised you to return your package to our Freepost address, then you must obtain a certificate of postage.
Please note, in all instances BushWear.co.uk shall not be liable for incidental or consequential damages or expenses, including but not limited to lost profits or other economic or commercial losses. This warranty does not affect your statutory rights.
Complaints Procedure
BushWear.co.uk takes its relationships with customers very seriously, and we expend a great deal of effort ensuring that we keep you happy. We aim to reply to emails within one working day of receipt, whether they're enquiries or, heaven forbid, complaints. If email is too impersonal, we encourage you to phone us on 0845 226 0469, where our Customer Support team will be glad to help.
All your feedback is appreciated, although we prefer good news!
Tel:
0845 226 0469