Terms and Conditions

Be Brave Bears Shop Online Terms & Conditions, specific clauses relating to placing an order begin at point 11.

Be Brave Bears Shop (www.bebravebears.co.uk/BBBshop) is the trading name for the shop element of Be Brave Bears (www.bebravebears.co.uk).  All profits made are donated to Be Brave Bears.


Last Update: September 24th, 2016


By accessing (which includes browsing and any use, by the employment of any device or by any means), www.bebravebears.co.uk/BBBshop ("Website") you are agreeing to be legally bound by these terms as modified from time to time ("Terms"). 

Before using the Website it is your responsibility to read the Privacy Policy and to notify us in the manner set out in the Policy if you do not want us to collect information about you, and to reject any cookies in the manner set out therein.

1. Use of Website

The Website is owned and operated by Be Brave Bears. Be Brave Bears reserves the right to suspend or terminate your access to the Website at any time, with or without notice or explanation.

2. Rights

All intellectual property rights, including copyright, in the content accessible (or available for download) on the Website, including text, pictures, graphics, video, audio material, software or any other form (" Content") belong to Be Brave Bears or its licensors. All rights are hereby reserved.

3. Use of Content

The Website and the Content may only be used for your personal, non-commercial use.

For this purpose alone you may retrieve and display the Content on a computer screen. You may also print out, but not photocopy, one copy of individual files on paper and store files in electronic form on disc, but not on any server or any other storage device connected to a network where the Content could be accessed by other users.

Except as set out above, you agree not to download, copy, reproduce, modify, store, archive, show in public, redistribute or commercially exploit in any way any part of the Content without the prior written permission of Be Brave Bears. You agree not to use the Content or the Website for any illegal or improper purpose, nor for any purpose which might infringe the rights of others, or which might harass or cause inconvenience of distress to any person.

You also agree to abide by all copyright notices and restrictions attached to the Content and not to remove any such notice or restriction, or alter the Content in any way.

4. Licence to reproduce Content

If you wish to re-publish, re-distribute or exploit the Content in any way you should address a request for permission to Be Brave Bears at

e-mail: hello@bebravebears.co.uk

Be Brave Bears cannot guarantee that any such permission would be forthcoming or on what terms.

5. Links from other sites

Third parties are permitted to link to stories within Be Brave Bears websites, using the URL and quoting the headline and the source website. Content must not be reproduced on a third party site without express authorisation from us.

A third party must ensure that nothing on its own web site suggests or could be understood to imply that any part of the Website is part of its own web site unless the third party has obtained the prior written approval of Be Brave Bears.

Be Brave Bears reserves the right to withdraw any permission without explanation or notice if in its sole judgement use of such links is excessive or inappropriate. Be Brave Bears also reserves the right to change the location and nature of files within the Website without explanation or notice; it is the responsibility of the third party to check and update links.

Third parties must not deep-link to, or frame or use other techniques to enclose any part of the Website.

6. Limitation of liability and indemnity

Be Brave Bears obtains the Content from a wide range of sources and the Content includes facts, views, opinions and information which may be of interest to users of the Website.

While all reasonable care is taken, we do not warrant the accuracy, completeness, timeliness, performance or fitness for any particular purpose of the Content or the Website, nor do we endorse or accept any responsibility for any views, advice, recommendations or opinions expressed on the Website or any website to which we link. You should note that any contact or arrangements made between you and any third party named on the Website or any third party website linked from it (including without limitation any website with which we have a commercial association) is at your own risk, and to the extent permitted by law Be Brave Bears excludes all liability.

The Content should only be used for your general information and use and not by way of specific recommendation or advice.

Before taking any action or decision based in whole or in part on the Content, you should always make your own independent checks of any information that is important in making such decision or taking such action. You should also seek professional advice in appropriate circumstances such as on medical, investment, tax, financial, legal and other professional matters.

Be Brave Bears does not give any warranties in respect of the Content or the Website, freedom from viruses or other contamination, or that the Website is compatible with any computer systems, software and browsers.

All implied warranties or duties are excluded save if and to the extent that they may not lawfully be excluded.

Advertising or promotional material submitted by third party advertisers, sponsors or promoters is viewable on the Website. The advertisers are solely responsible for that material, including ensuring that it complies with all applicable legislation and regulations. Be Brave Bears is not responsible for such material.

Be Brave Bears shall not be liable for any claims, losses, injuries, penalties, damages, costs or expenses arising from the use of, or inability to use the Website or Content or from any action taken, or omitted to be taken, as a result of using the Website or Content, other than death or personal injury resulting from use of the Website directly caused by the negligence of Be Brave Bears.

Be Brave Bears excludes liability to you and/or any third party for any consequential or incidental damages (including but not limited to lost profits, loss of privacy or for failure to fulfil any duty) or for any other indirect, special or punitive damages whatsoever that arise out of or are related to the use of the Website or the Content or to any breach of the terms by Be Brave Bears, even if Be Brave Bears has been advised of the possibility of such damages and even in the event of fault or strict liability.

You agree that, subject to the forgoing terms of this Term 7, your exclusive remedy and only recovery for any damage you incur, shall be limited to the direct damages (if any) you actually incur in reasonable and exclusive reliance on the Website or Content, and for which we may be held liable by a competent court, of up to a limit of the refund of the amount you paid (if any) in relation to the particular use of the Content in total during the month in which the damage first incurred.

You agree to indemnify Be Brave Bears against all costs, claims, proceedings, demands, losses, damages, expenses or liability whatsoever arising directly or indirectly as a result of any breach of the Terms by you and any negligence or breach of duty by you.

7. Links to third party sites

This Website contains links to other web sites operated by parties who are wh olly separate from Be Brave Bears. Links to all third party sites are identifiable because clicking on them will launch new browser windows displaying the third party's website URLs, or are otherwise indicated as such by Be Brave Bears. Such links are provided for your convenience and reference only and you access them at your own risk. Be Brave Bears cannot be held responsible in any way for the content, operation or availability of such websites.

Your attention is drawn to thePrivacy Policy.

8. Submission of content to the Website

If you submit any material to this Website (including without limitation any text, graphics, pictures, video or audio) you agree thereby to grant Be Brave Bears a non-exclusive, perpetual, royalty-free, sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, and exercise all copyright and publicity rights with respect to any such work worldwide and/or to incorporate it in other works in any media now known or later developed for the full term of any rights that may exist in such content.

If you do not wish to grant such rights to Be Brave Bears, you should not submit a contribution to the Website.

By submitting your contribution to the Website, you warrant that such contribution is your own original work and that you have the right to make it available to Be Brave Bears for all the purposes specified above, that it is not defamatory or obscene, and does not infringe any law or regulatory provision or any persons rights in any jurisdiction. You accept that breach by you of these warranties may cause loss or damage to Be Brave Bears and you indemnify Be Brave Bears against all legal fees, damages and other expenses that may be incurred by Be Brave Bears as a result of your breach of the above warranty. You agree to waive any moral rights in your contribution for the purposes of its submission to and publication on the Website and the other purposes specified above.

Be Brave Bears accepts no liability for any content submitted by third parties. Users of the Website accept that we may not pre-screen the content submitted by users, and we reserve the right to remove at any time and without giving reasons or notice any material you or other users have supplied. Be Brave Bears reserves the right to monitor any communications you make on the Website and by submitting any material or making any such communication you thereby consent to such monitoring.

9. Changes to these Terms

Be Brave Bears reserves the right to make changes to any part of the Website and to add to or change these Terms or the Privacy Policy, and all such changes become effective as soon as they are posted. It is your responsibility to refer to the Terms whenever you access the Website. Every time you access the Website you agree to be bound by the Terms and the Privacy Policy as varied or amended from time to time.

10. English Law

By accessing the Website you agree to accept that these Terms are governed by and construed in accordance with the laws of England. You also accept the exclusive jurisdiction of the English Courts in relation to any dispute that may arise in connection with these Terms or your use of the Website or arising in any way from the Content.

We do not warrant that materials/items for sale on the Website are appropriate or available for use outside the United Kingdom and Eire. It is prohibited to access the Website from territories where its contents are illegal or unlawful. If you access this Website from locations outside the United Kingdom and Eire, you do so at your own risk and you are responsible for compliance with local laws.

11. Ordering from us

You are deemed to place an order with us by ordering via our online checkout process. We will send you an order acknowledgement by email, detailing the products you have ordered.   Many of our goods are made to order or personalised to order, due to this our order times may take longer than other businesses.  Our order times are quoted at 2 weeks for the majority of items, but for personalised clothing where specific sizes and colours are required this can take between 2 - 4 weeks.   

We may refuse to accept an order:

(a) Where goods are not available
(b) Where we cannot obtain authorisation for your payment
(c) If there has been a pricing or product description error
(d) If you do not meet any eligibility criteria set out in our terms and conditions
(e) If the order is to be delivered outside of the United Kingdom. .
(f)  If your order for personalised products contains content which is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience.
(g) If we believe your order is for commercial or other non-domestic concerns.

Our prices are reviewed periodically are reviewed on a regular basis.

12. Delivery

We will deliver the Products ordered by you to the address which you give for delivery when you make your order. If any of the details you have given us in your delivery address are incorrect, we are not liable for any items which have not been received.

If you wish to arrange for items to be delivered outside of the UK please contact us on hello@bebravebears.co.uk before placing your order.

Delivery will be made as soon as possible, usually our waiting time is between 2-4 weeks for personalised items,  If payment is made by cheque we will not start work until payment is cleared, this time is outside our waiting time. All times quoted on the website do not include weekends or bank holidays.

Whilst we make every effort to deliver goods within the specified timescale (2-4 weeks), on occasion due to unforeseen circumstances we cannot always guarantee delivery in said time, or accept liability for deliveries made outside this timescale. We cannot accept liability for out of pocket expenses or other costs incurred due to failed or delayed deliveries.

The majority of our products are despatched by Royal Mail and My Hermes.  If you have not received your items, you must check with your local sorting office even if you have not received notification from your postman that they are holding items for you.

You may choose to send items to an address other than the billing address for example to the end recipient of a gift. Whilst every effort will be made to despatch goods on a specific day and therefore predict delivery dates, we cannot guarantee delivery on that day or accept liability for deliveries made outside of this timescale.

Within the delivery options you are able to select from standard delivery or signed for. Where standard delivery has been selected, if you have not received your order, you must check with your local sorting office even if you have not received notification from your postman that they are holding items for you. In the event that we reproduce an item for you, we reserve the right to charge up to 100% of the sales price of the reproduced product. We reserve the right to wait up to 15 working days from the date of dispatch before replacing an undelivered item.

In the event that we produce an item for you and subsequently the original is returned as undelivered by the postal company used, we reserve the right to charge an administrative fee up to 100% of the sales price of the produced product.

In the event you have not received your order, we must allow the following timescales before we can take further action, and claim back from the relevant carrier for lost items.

Standard delivery: 15 working days from date of despatch

13. Order Collection

If you are local to Be Brave Bears, you can select to collect rather than pay for shipping, you can then arrange an convenient time to collect by e-mailing us at hello@bebravebears.co.uk

14. Payment

The website is set up to use Paypal. This enables you to pay by paypal, debit card or credit card without this website seeing your payment details. Paypal also provides you with buyer protection. Orders can also be printed out and paid for in cash. All orders will only be processed on receipt of full payment. All prices are quoted in GB £’s and include Vat where applicable.


15. Order Cancellations

For some items, you have the legal right to cancel your order within 7 working days of receiving the goods. However, this does not apply to items which we have made, personalised or customised specifically for you.

If you wish to cancel your order you can notify us by email to hello@bebravebears.co.uk before we have dispatched the goods to you or where goods have already been dispatched to you, the goods must be returned to us in accordance with the 'Returns and exchange' section below.

Please check your order on screen and the confirmation email carefully as we cannot refund products which have been miss-spelt.

We reserve the right to cancel your order at any time and issue a full refund.

The provisions of this clause do not affect your statutory rights.

16. Returns and exchange

If you are not completely satisfied with the goods, simply return them to us at any time within 14 working days of receipt. If goods are returned within 7 working days of receipt we will issue a full refund including postage and packaging, or an exchange. After 7 working days we will refund the cost of the order minus the postage and packaging charge paid. The costs of returning goods to us shall be borne by you.

The item is your responsibility until it reaches us. For your own protection, we recommend that you send the parcel back to using a delivery service that insures you for the value of the goods as we cannot be held responsible for items damaged or lost in the post.

Your rights to return the goods to us will not apply in the following circumstances:

-Any products that we have made, personalised or customised specifically for you. 
-Where, in our opinion, you have not taken reasonable care of goods whilst in your possession and have not been returned with the original packaging.
- If you have made a spelling mistake on your order and it has been sent for production.
- You have disposed of the item you have an issue with.

If you return an item because of an error on our part, or because it is defective, we will happily refund the full value of the item and your costs in returning it to us.

The item(s) must be returned in the condition in which you received it within 30 days of delivery. By the very individual nature of personalised products, they cannot be re-sold, and therefore we cannot accept returns if you have a change of mind.

We regret that postage and packing costs for unwanted items cannot be refunded.

Please note:
• You have a duty to return the item to us and the cost of doing so is your responsibility, except if the item is faulty or does not comply with the contract.

This returns policy does not affect your statutory rights.

The address for returns is: 

Be Brave Bears

Heskin Farmers Market,  Wood Ln, Heskin, Chorley PR7 5NY

17. Discounts

If a discount was applied to your original order, the amount refunded will be adjusted to allow for the revised order value and appropriate discount level. Please note you can only use one discount code per order.

18. I received the wrong item
If the item you received is not what you originally ordered, please contact hello@bebravebears.co.uk
 quoting your order number, your name and address, details of the product and the reason for return, and whether you require a refund or a replacement. We will then advise on how to proceed with the return.

19. Faulty item
If the item you received is faulty, please contact hello@bebravebears.co.uk
 quoting your order number, your name and address, details of the product and the reason for return, and whether you require a refund or a replacement. We will then advise on how to proceed with the return. If the item is faulty, please return it to us within 30 days of receipt. Refunds cannot be given if the fault is as a result of misuse.

20. Colour
The colour of the product you receive may not match the colour as displayed by our website on your computer monitor. Please be aware that if colour is important to you, your order is placed at your own risk.

21. Embroidery on Customers own items

Any items to be embroidered, supplied by the customer, is at their own risk and compensation will not be made due to any damage inadvertenty being caused.

22. Service Access

While we endeavour to ensure that this Website is normally available 24 hours a day, we will not be liable if for any reason this Website is unavailable at any time or for any period.

Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.

23. Miscellaneous

You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions.

If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect.

We retain the rights to all designs, and, in our costings do not sell on the rights to these designs, or the original files eg digitized embroidery designs, vectors etc.  If you require this please ask at the time of ordering, as an additional costing will apply. 

One your order is placed should you later decide that you wish to change the colour  or size or if the wrong item is ordered, we may not be able to do so without a  25% restocking charge applying.  

For items personalised to order we will send out a design proof via email, if the customer does not reply promptly this may cause the order wait to exceed our waiting time, we cannot control this and will always do our best to contact the customer.

 

Only the parties to these terms and conditions may seek to enforce them. Nothing in these terms and conditions is intended as granting any persons who are not parties to these terms any rights under the Contracts (Rights of Third Parties) Act 1999.

You can mail us at hello@bebravebears.co.uk with any comments or for further information.

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