Privacy, Terms & Conditions

Terms & Conditions of Use

Terms and Conditions:

Welcome to Brooks & Co. website. These terms and conditions of use (“Terms and Conditions”) apply to your use of this website. By using this website, you are deemed to have read and agree to be bound by these Terms and Conditions. If you do not accept these Terms and Conditions, you must leave this website immediately.

2. Further Terms:

As well as these Terms and Conditions the Privacy Policy also applies to your access to and use of this website. You should ensure that you read the Privacy Policy in conjunction with these Terms and Conditions. By accessing this website you are deemed to have read and agree to be bound by the Privacy Policy as well as these Terms and Conditions. In addition, if you wish to purchase any of the goods offered by Brooks & Co through this website, you must ensure you read the Terms of Purchase as by purchasing any of the goods offered by Brooks & Co through this website, you are deemed to have read and agree to be bound by the Terms of Purchase.

3. Amendments:

Brooks & Co reserves the right to amend these Terms and Conditions from time to time. Amendments will be effective immediately upon being placed on this website. Your continued use of this website following such amendments being placed on this website will represent an agreement by you to be bound by the Terms and Conditions as amended. Such amendments may include replacing these Terms and Conditions with entirely new Terms and Conditions.

4. Intellectual Property:

Unless otherwise stated, Brooks & Co is the owner or licensee of all copyright, trademarks and other intellectual property rights relating to this site and its contents. This includes without limitation all intellectual property rights in respect of all text, graphics, logos, images and software that are included in this website. Brooks & Co’s ownership of, or licensed right to use, such intellectual property, is protected by both New Zealand and international law.

5. Licence:

Brooks & Co grants you a limited licence (“Licence”) for the purpose of accessing and making use of this website. Any contravention by you of these Terms and Conditions or any other terms posted on this website or notified to you by Brooks & Co which are intended to govern your use of this website, terminates the Licence immediately. Under no circumstances, without the prior written approval of Brooks & Co, may you adapt, reproduce, store, distribute, print, display, publish or create derivative works from any part of this website other than in accordance with the Licence. You shall not use any data gathering and extraction tools or software to extract information from this site. You shall not frame or utilize framing techniques to enclose any of the contents of this website without Brooks & Co’s express prior permission. You may not use any meta tags or other hidden text which incorporate Brooks & Co’s name or any of its intellectual property including trademarks, without the Brooks & Co’s express prior permission. Using any information or content included on this website other than in accordance with the terms of the Licence is strictly prohibited. You agree to fully indemnify Brooks & Co for any loss or damage it may suffer in contract, tort, equity, statute, regulation or otherwise, including without limitation any economic loss, loss of turnover, profits, business or goodwill, whether direct or consequential as a result of your breach of the Licence, including, in respect of any third party claims against Brooks & Co, its related parties, employees, contractors or agents.

6. Accessing:

You must take your own precautions to ensure that the process which you employ for accessing this website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. Brooks & Co does not accept responsibility for any interference or damage to your computer system which may arise in connection with your use of this website or any linked website.

7. Exclusion of Liability:

To the greatest extent permitted by law, under no circumstances will Brooks & Co, its employees, contractors or agents be liable to you in contract, tort, equity, statute, regulation or otherwise for any loss, damage, costs, legal costs, professional and other expenses of any nature whatsoever incurred or suffered by you or by any third party, whether direct or consequential (including without limitation any economic loss or other loss of turnover, profits, business or goodwill) arising out of any dispute or contractual, tortious or other claims or proceedings made by or bought against you which relate in any way to your access and use of the website or in respect of any failure or omission on the part of Brooks & Co to comply with its obligations as set out in these Terms and Conditions.

8. Failure to Comply:

Brooks & Co accepts no liability for any failure to comply with these Terms and Conditions where such failure is due to circumstances beyond its reasonable control.

9. Waiver:

If Brooks & Co waives any rights available to it under these Terms and Conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.

10. Severability:

If any provision of these Terms and Conditions is held to be invalid, void, unenforceable or illegal for any reason, such provision shall be deemed to be severed from these Terms and Conditions and the remaining provisions shall continue in full force.

11. Queries:

If you have any queries in regard to these Terms and Conditions please don’t hesitate to contact us.

Term Of Purchase

Terms and Conditions:

These terms of purchase (“Terms of Purchase”) apply to your purchase of any goods (“Goods”) offered by Brooks & Co (“Brooks & Co” or “we”) through this website. By purchasing any Goods, you are deemed to have read and agree to be bound by these Terms of Purchase. If you do not accept these Terms of Purchase or can not comply with these Terms of Purchase you must not purchase any Goods.

2. Further Terms:

As well as these Terms of Purchase, the Terms and Conditions and the Privacy Policy also apply to your access to and use of this website. You should ensure that you read the Terms and Conditions and Privacy Policy in conjunction with these Terms of Purchase. By accessing this website you are deemed to have read and agree to be bound by the Terms and Conditions as well as the Privacy Policy.

3. Order:

You may only order Goods from this website (“Order”) in the manner specified on this website. If need be we will email if there is any issue with your Order otherwise you will receive an email to inform you that your order has been processed and dispatched.

4. Details:

To enable Brooks & Co to complete your Order you must provide all information requested from you in the process of placing your Order. We do not divulge any information of any kind to any third party at all.

5. Payment:

Payment for all Goods must be made in the manner described on the website.

6. Prices:

All prices listed on this website are in NZD and exclusive of shipping and handling charges (“Shipping Charges”) which will be notified to you as part of the purchasing process prior to completing any Order. Goods and Services Tax is included in all prices and Shipping Charges for goods to be delivered within New Zealand. Unfortunately, it is outside of Brooks & Co’s control as what taxes, duties or charges may be imposed or levied outside of New Zealand in connection with the supply of the Goods and consequently such amounts are not included in the prices and are your responsibility to pay.

7. Accuracy:

Although Brooks & Co aims to ensure that the prices and description of the Goods contained on this website are accurate, Brooks & Co reserves the right to amend any inaccuracies in such prices or descriptions at any point. In the event that your Order is affected by any such inaccuracies then Brooks & Co may cancel your Order at any point prior to the delivery of any Goods to the address specified in your Order. Orders are not binding upon Brooks & Co until availability of the product has been confirmed.

8. Cancellation:

You may not cancel an Order once it has been submitted but Brooks & Co may cancel your Order at any time up until such Order is delivered to you at the address specified in your Order. In the event of such cancellation Brooks & Co will provide you notice of this as soon as possible, provided however that Brooks & Co is not required to give reasons for cancelling your Order.

If Brooks & Co cancels your Order for any reason, neither you nor Brooks & Co will be under any further obligation to each other arising out of your Order or Brooks & Co’s cancellation of your Order.

If any item in your Order is out of stock, we will email you within 24-48hours to notify you of the products unavailability. At that time, you can wait until the item is available or cancel your order.

9. Reimbursement:

If Brooks & Co cancels your Order Brooks & Co will reimburse you for any payments received by Brooks & Co relating to your Order.

10. Delivery:

Delivery of the Goods to you will take place in the following manner:

(a) New Zealand Orders: All Orders for delivery within New Zealand will be couriered. We do not deliver to PO Boxes and all orders will have to be signed for. If your Order has to be signed for and you are not present when delivery takes place the courier will leave a card with details of how to obtain your Goods. Orders are tracked and the tracking number will be emailed to you once your order has been placed. All reasonably efforts are made to dispatch orders within 48hours and delivered within 7 working days.

(b) Rural addresses will incur an extra delivery fee. Please note all rural delivery items are couriered to the closest depot then the final stage is delivered to you by your rural delivery postie. In the case that the item is too large to be delivered by your local postie we will notify you and give you the option to pick up from the closest depot or cancel the order.

11. Title:

Title in the Goods does not pass to you until payment has been received in full by Brooks & Co.

12. Capacity:

The Goods are offered for sale by Brooks & Co only to persons who can make legally binding contracts.

13. New Zealand Law:

Details contained on this website relating to the Goods have been prepared in accordance with New Zealand law and may not satisfy the laws of any other jurisdiction. We do not warrant that the details on this website concerning the Goods will satisfy the laws of any other jurisdiction. It is your responsibility to determine whether these details satisfy the laws of the jurisdiction where you reside (if that jurisdiction is outside New Zealand) and if the details do not satisfy the laws of your jurisdiction, you may not order Goods from this website.

14. Combined Terms:

These Terms of Purchase together with any additional terms and conditions contained in any invoice or any other similar document issued by Brooks & Co relating to your Order shall be the terms which govern your purchase of the Goods.

15. Risk:

Risk in the Goods shall pass to you upon delivery of the Goods to the address specified by you when making your Order.

16. Incorrect Orders:

If the Goods that are delivered to you do not match the Goods you ordered we will replace such Goods with the correct Goods provided we have such Goods in stock. If such correct Goods are out of stock we will offer to provide you with comparable Goods to the original Goods you ordered and if you do not wish to accept these replacement goods you can elect to be refunded for the purchase price of the Goods. If you are returning such Goods to us you must provide us with proof of purchase and an explanation as to why you are returning the Goods. If any Goods returned in accordance with this clause have been damaged or are not returned in their original packaging you may not be entitled to take full advantage of the remedies provided by this clause.

17. Returns:

The provisions of clause 16 only apply where Brooks & Co has mistakenly provided you with the wrong Goods. Brooks & Co regrets that it is not able to accept returns of Goods if you decide you no longer want them or would like a different version of the same Good (e.g. a different colour or a different size), so please choose carefully before placing an Order. Also unfortunately Brooks & Co can not be responsible for minor differences in how Goods featured on our website may appear on your computer depending on the web browser you are using and the settings of your computer. You should ensure that you read the description of the Goods on the Brooks & Co website thoroughly before placing an Order as Brooks & Co can also not accept the return of Goods due to such technical issues.

18. Defective Goods:

If the Goods that are delivered to you are faulty or defective, we will at your choice upon the return of such Goods, either replace such Goods, provided that we have such Goods in stock, provide you with comparable Goods or you can elect to be refunded for the purchase price of the Goods. If you are returning such Goods to us, you must provide us with proof of purchase and an explanation as to why you are returning the Goods and what remedy you are seeking.

If any Goods returned in accordance with this clause have been damaged or are not returned in their original packaging, you may not be entitled to take full advantage of the remedies provided by this clause.

19. Notification of Problem:

If your order is delivered and is either broken or faulty, please contact us as soon as possible. Any problems should be notified within 48hours of delivery, by email or phone. Once a return request has been approved, the customer service team will issue you with a Return Authority Number and provide you with details of how to return the goods. Goods should not be returned without receiving a Return Authority Number, as this will invalidate any claim. Note shipping is not refundable on Returns. Please also note – for any damaged items a photo is required before a return authorisation is issued.

Any transit breakage will be replaced or credited. Replacements are subject to stock availability.

Brooks & Co shall not be liable for any defect, damage, discrepancy or shortage in the Goods comprising any Order unless you notify Brooks & Co within 7 days of receipt of goods. In the event that the Goods have failed to reach the delivery address as specified by you in your Order within 10 days for Orders with a New Zealand delivery address or within 20 days for Orders with a delivery address outside of New Zealand from the date you placed your Order, you should contact Brooks & Co immediately.

20. Exclusion of Warranty:

To the fullest extent permitted by law, in relation to the purchase of Goods, any condition or warranty either express or which would otherwise be implied by law into these Terms of Purchase is hereby excluded. If you are purchasing Goods and using the Goods for the purposes of a business as defined in the Consumer Guarantees Act 1993, then you agree that the provisions of that Act will not apply to your purchase and/or use of the Goods.

21. Exclusion of Liability:

To the greatest extent permitted at law, under no circumstances will Brooks & Co, its employees, contractors or its agents be liable to you in contract, tort, equity, statute, regulation or otherwise for any loss, damage, costs, legal costs, professional and other expenses of any nature whatsoever incurred or suffered by you or by any third party, whether direct or consequential (including without limitation any economic loss or other loss of turnover, profits, business or goodwill) arising out of any dispute or contractual, tortious or other claims or proceedings made by, or bought against you, which relate in any way to your purchase and/or use of the Goods, or in respect of any failure or omission on the part of Brooks & Co to comply with its obligations as set out in these Terms of Purchase.

22. Amendments:

Brooks & Co reserves the right to amend these Terms of Purchase from time to time. Amendments will be effective immediately upon being placed on this website. Your Purchase of Goods following such amendments being placed on this website will represent an agreement by you to be bound by the Terms of Purchase as amended. Such amendments may include replacing these Terms of Purchase with entirely new Terms of Purchase.

23. Failure to Comply:

To the greatest extent permitted at law Brooks & Co accepts no liability for any failure to comply with these Terms of Purchase where such failure is due to circumstances beyond its reasonable control.

24. Waiver:

If Brooks & Co waives any rights available to it under these Terms of Purchase on one occasion, this does not mean that those rights will automatically be waived on any other occasion.

25. Severability:

If any provision of these Terms of Purchase is held to be invalid, void, unenforceable or illegal for any reason, such provision shall be deemed to be severed from these Terms of Purchase and the remaining provisions shall continue in full force.

26. Retain a Copy:

You should print out and retain a copy of these Terms of Purchase for your future reference.

27.Queries:

If you have any queries in regard to these Terms of Purchase please don’t hesitate to contact us.

Privacy

Brooks & Co (“Brooks & Co.”) is committed to protecting your privacy. With that in mind, we have established and implemented information handling practices that we believe are consistent with the highest standards and best practices of organisations doing business on the Internet. This privacy policy (“Privacy Policy”) sets out the basis on which Brooks & Co collects information from you and also the basis on which any such information collected from you is dealt with. By accessing this website, you are deemed to have read and agree to be bound by this Privacy Policy.

2. Terms and Conditions:

As well as this Privacy Policy, the Terms and Conditions also govern your access to and use of this website. You should ensure that you read the Terms and Conditions in conjunction with this Privacy Policy. By accessing this website you are deemed to have read and agree to be bound by the Terms and Conditions as well as this Privacy Policy. In addition, if you wish to purchase any of the goods offered by Brooks & Co through this website, you should ensure you read the Terms of Purchase as by purchasing any of the goods offered by Brooks & Co through this website you are deemed to have read and agree to be bound by the Terms of Purchase.

3. Amendments:

Brooks & Co reserves the right to amend this Privacy Policy from time to time. Amendments will be effective immediately upon being placed on this website. Your continued use of this website following such amendments being placed on this website will represent an agreement by you to be bound by the Privacy Policy as amended. Such amendments may include replacing this Privacy Policy with an entirely new Privacy Policy.

4. Collecting Information:

If you are purchasing goods from this website, Brooks & Co will retain any information you submit which is required to enable Brooks & Co to supply you with any such goods. Brooks & Co does not collect personally identifiable information on our website, such as your name, address, e-mail address or telephone number, without your knowledge. Such information is collected only when you knowingly and voluntarily submit it to us (as, for example, when you contact us via e-mail). Brooks & Co uses such voluntarily submitted information for the purposes for which it was submitted.

When you place an order Brooks & Co will ask you to provide certain information about yourself, such as your name, mailing address, or e-mail address. The personal information you submit when placing your order is treated as confidential. We use this information to process your transaction, and we share the information with Visa, Mastercard, etc. in order to process your order.

5. Further Collection:

Where possible, information will be obtained directly from you. However, you acknowledge that by accessing this website information may be collected from you as a result of the workings of the website and the attached systems and software.

6. Use of Information:

Brooks & Co uses the information provided by you to provide you with any goods you may purchase. Brooks & Co also uses information collected from you to assess the performance of the website and to ensure that the website serves your needs in the most efficient manner possible.

7. Accessing Information:

You are entitled to access any information which Brooks & Co may hold about you and Brooks & Co is obliged to provide this information to you as long as it has such information, and such information can be readily retrieved. You are also entitled to request Brooks & Co to correct any inaccuracies in any information which Brooks & Co holds about you. Brooks & Co is entitled to charge you for the reasonable costs of retrieving, providing this information and as applicable correcting this information.

8. Providing Information:

You agree that Brooks & Co may provide any personal information it collects about you to its related companies (as defined in section 2(3) of the Companies Act 1993 (NZ)), debt collection and credit reference agencies and any other parties it deems necessary in relation to providing you access to this website, your purchasing of goods from this website, recovering any money you owe to Brooks & Co and exercising any lawful right Brooks & Co, its related companies or debt collection and credit reference agencies may have.

9. Disclosing Information:

You also agree that Brooks & Co is entitled to disclose information it holds about you without your prior permission if Brooks & Co reasonably believes that such disclosure is necessary to: (a) meet legal requirements; (b) comply with legal process or help to maintain the law; (c) protect Brooks & Co’s rights or property or that of Brooks & Co’s related companies; or (d) enforce the Terms and Conditions or the Terms of Purchase.

10. Combining Information:

Brooks & Co may combine any information which it collects from you with information collected by its related companies.

11.Failure to Comply:

Brooks & Co accepts no liability for any failure to comply with the terms of this Privacy Policy, where such failure is due to circumstances beyond its reasonable control.

12. Waiver:

If Brooks & Co waives any rights available to it under this Privacy Policy on one occasion, this does not mean that those rights will automatically be waived on any other occasion.

13. Severability:

If any provision of this Privacy Policy is held to be invalid, void, unenforceable or illegal for any reason, such provision shall be deemed to be severed from this Privacy Policy and the remaining provisions shall continue in full force.

14. Queries:

If you have any queries in regard to our Privacy Policy, please don’t hesitate to contact us.

15. Trends, Tracking and Sharing Information:

Brooks & Co uses standard software for monitoring statistical information such as how many visitors we have to our websites and what countries they are coming from. These statistics are viewed on an aggregate basis and help us get general overviews of customer trends. We do not look at individual customer data. Personal information specific to each Vendor's sales is treated as strictly confidential and will only be reviewed or examined in the event of a dispute, claim, error or customer request.