TERMS AND CONDITIONS OF SALE
This page sets out the legal terms and conditions (“Terms”) on which we supply products to you from “Our Site” store.brother.ie. Your use of Our Site is governed by separate terms and conditions.Our Site is published by a branch of Brother International Europe Limited, operating in the Netherlands and the data on [Our Site is hosted by SITECORE UK located at 4th Floor, International House, 1 St Katharine’s Way, London, E1W 1UN, UNITED KINGDOM (Tel: +44 20 3327 0630). ]
Please read these Terms carefully before you submit your order to us. These Terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
By placing an order on Our Site, you agree to be bound by these Terms and the terms and conditions of use of Our Site. If you do not accept these Terms or if you have any questions about them, do not place an order and please contact our Contact Centre.
1. INFORMATION ABOUT US AND HOW TO CONTACT US
We are a branch of Brother International Europe Limited operating in the Netherlands. Our branch office address is Zanderij 00025, Amstelveen, Netherlands, 1185ZM. Our registered VAT number is NL863205604B01. Brother International Europe Limited is a company registered in England and Wales, with registered office at Brother House, 1 Tame Street, Audenshaw, Manchester, M34 5JE. Its company registration number is 00664172.
Contacting us. You can contact us by contacting our Contact Centre.
"Writing" includes emails. When we use the words "writing" or "written" in these Terms, this includes emails.
2. HOW THESE TERMS APPLY TO YOU
We offer products to consumers and business customers. If any part of these Terms relate only to consumers or to business customers then we state this clearly below.
You are a consumer if you are an individual and you are buying products from us wholly or mainly for personal use, rather than for use in connection with your trade, business, craft or profession.
If you are a business customer these Terms, together with our Returns Policy, constitute the entire agreement between us in relation to your purchase. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in this agreement.
Different terms apply to EcoPro. Please visit the EcoPro terms and conditions for a copy of the terms which apply to purchases of EcoPro subscription plans.
Returns Policy. For further information on returning products which you have purchased from us, please see our Returns Policy.
3. HOW TO PLACE AN ORDER
Who can place an order? These Terms relate to our Irish website, https://store.brother.ie Our Irish website is aimed at customers who want to receive products in the Ireland. If you would like to ship to a country other than the Ireland, please consult our global directory
, or contact our Contact Centre,
and they will be able to direct you to the relevant website for your territory.
Registering an account
. In order to make a purchase on our website you must register for an account. For details of how to register your account please visit account registration page
When is an order placed? Once you have selected the products you wish to purchase and placed them in your basket, you will be guided through the checkout process by a series of on-screen instructions. You place an order by clicking the submit order button at the end of the checkout process. By clicking this button, you will enter into a binding agreement with us for the products included in that order and we will take payment for the order.
Your order number
. We will assign an order number to your order and tell you what it is when you place your order. It will help us if you can tell us the order number whenever you contact us about your order.
4. OUR CONTRACT WITH YOU
Order confirmation. We will send you an order confirmation notice by email detailing the products you have ordered as soon as you place your order. We will also issue you with an invoice at this point.
Non-payment. We ask you to pay for the products and will charge your credit/debit card or collect payment from you at the point you place the order, If we are not able to process the payment at that point, we will suspend the dispatch and contact you to enable you to arrange payment via another method. If we are not able to contact you or you are unable to arrange the payment, we may terminate the contract with you.
Our right to cancel your order. We may cancel the contract [and refund any payment we have received from you for the cancelled items] if we discover that you do not meet the eligibility criteria to place an order set out in these Terms, because we have not been able to obtain authorisation for your payment or because we are unable to meet a shipping deadline you have specified.
5. OUR PRODUCTS
We will take all reasonable care to ensure that the product specifications, descriptions, related supplies, images and prices that appear on Our Site are correct, accurate and up-to-date. However, please take note of the following:
If you have any questions regarding the specifications of a product you wish to purchase, please contact our Contact Centre.
. The images of the products on Our Site are for illustrative purposes only and do not show the actual product you will receive. There may be some minor variances in relation to product colour, size, weight and dimension.
Ink and toner.
Our Site may specify the number of pages which can be printed using our ink and toner cartridges. This number is determined in accordance with applicable standards including ISO/IEC 19752 and ISO/IEC 19798.
Product packaging may vary.
The packaging of the product may vary from that shown in images on Our Site.
Changes to our products.
We may make changes to our products to reflect changes in relevant laws, regulatory requirements or for other reasons beyond our control. If we make a significant change to a product after you have placed your order for it then we will notify you. You may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.
Shipping costs. We will use shipping partners to deliver the products to you. The costs of shipping vary depending on the products and the shipping address. The shipping options and associated shipping costs for your products will be as displayed on the checkout page when you place your order. You can see more details of shipping costs and timescales here.
Shipping timescales. Your order will be fulfilled by the estimated shipping date set out in the order confirmation email, unless we are prevented from doing so by circumstances beyond our reasonable control. If this happens, we will contact you as soon as possible to let you know and provide a revised estimated shipping date. Provided we do this we will not be liable for such delays. If the delay is substantial you may contact us to end the contract and receive a refund for any products you have paid for but not received.
Missed deliveries. If no one is available at your address to take delivery, our shipping partners will leave you a note informing you of how to rearrange delivery. If you do not re-arrange the missed delivery, we will contact you for further instructions. If, despite our reasonable efforts, we are unable to contact you or to re-arrange delivery, we may end the contract and we will provide a refund for any products you have paid for but not received.
Title and Risk. You will be responsible for the products from the moment when you or someone authorised by you, receives the product from us (or from our shipping partners, on our behalf). If you validly cancel an order or end the contract, responsibility for the returned products will transfer back to us at the point you or someone authorised by you, hands the product to one of our staff or to our shipping partner (if we have arranged to collect the product from you) or (where you arrange the return yourself) we receive it from your carrier at one of our business addresses.
You will own the product from the moment we have received payment in full in cleared funds or, if later, upon delivery.
7. IF THERE IS A PROBLEM WITH THE PRODUCT
Inspection. You should inspect the product upon delivery. If you notice any defects or problems with the product, please contact our Contact Centre immediately.
How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can view our FAQs here or contact our Contact Centre.
Warranty. We offer a standard product warranty from date of purchase on our products, as set out on the description page for that product. This is in addition to your legal warranty and does not affect your statutory rights. For warranty terms or how to make warranty claim see the warranty page.
Your legal rights as a consumer. It is our responsibility to ensure that the goods we provide to you as a consumer are as described, fit for purpose and of satisfactory quality. As a consumer, you have legal rights in relation to products that do not meet these standards. This may include the right to reject the affected product, seek a repair or replacement and/or receive some or all of your money back and/or compensation. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.
Your rights for defective products as a business customer. If you are a business customer we warrant that on delivery, the products will: a) conform in all material respects with their description; b) be free from material defects in design, material and workmanship; and c) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979).
If you give us notice in writing within 30 days of delivery that a product does not comply with the warranty set out above, we shall, at our option, repair or replace the defective product, or refund the price of the defective product in full provided you give us a reasonable opportunity of examining such product and you return such product to us at our cost. This is your exclusive remedy for breach of this warranty and we shall have no further liability to you in respect of such defect.
We will not be liable for a product's failure to comply with the warranty in this paragraph if: a) you make any further use of such product after giving us notice of the defect; b) the defect arises because you failed to follow the product specification or our other written instructions as to the storage, installation, commissioning, use or maintenance of the product; c) you modify or repair the product without our written consent; or d) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal working conditions.
The terms of this paragraph shall also apply to any repaired or replacement products supplied by us.
8. YOUR RIGHTS TO CANCEL AN ORDER OR END THE CONTRACT
Our breach. If you are a consumer, in addition to your rights to cancel an order or to end the contract set out elsewhere in these Terms, you have a right to end the contract, if:
(a) we have told you about an upcoming change to a product that you have ordered;
(b) we have told you about an error in the description of the product you have ordered, and you do not wish to proceed; or
(c) we are breach of these Terms or fail to comply with our legal obligations.
If you end the contract because of our breach, we will refund you in full for any products we provided to you under that contract and which you return to us. We will also refund you in full for any products you have paid for but not received and you may also be entitled to compensation.
Your right to change your mind. If you are a consumer then, for most products bought online, we provide you with a period of 28 days to change your mind and receive a refund. This right to change your mind does not apply to inks or toner cartridges/refills where the packaging seal has been broken, rendering the product unfit for resale.
To exercise your right to change your mind, you must inform us within 28 days after the day you receive the products or, if your order was split into several deliveries over different days, 28 days after the day you receive the last package.
For further information please see our Returns Policy.
9. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU ARE A CONSUMER AND YOU HAVE CHANGED YOUR MIND)
Tell us you want to end the contract. If you want to cancel an order or end the contract with us in accordance with your rights set out in this contract or your legal rights, you need to let us know. You can do this:
(a) By phone, email or message via our Contact Centre. Please provide your name, address, order number and, where available, your phone number and email address.
(b) By post. Print off this form and post it to us at the address on the form. Or simply write to us at that address, including details of what you bought, when you ordered or received it and your name and address.
Exercising your right to change your mind. If you are a consumer, you can exercise your right to change your mind by making a clear statement informing us of your decision to change your mind within 28 days of receiving the products. To make things easier and quicker for you, you may wish to use the ways to contact us set out above.
Your obligation to return products. If you wish to exercise your legal rights to reject faulty products you must either return them to us or allow us to collect them from you. Please contact our Contact Centre for a return label or to arrange collection.
If you exercise your right to change your mind after products have been dispatched to you or you have received them, you must return them to us within 28 days of telling us you wish to end the contract.
For further information please see our Returns Policy.
10. PRICE AND PAYMENT
VAT Inclusive pricing. The price of the product (which includes VAT) will be the price indicated on the order page when you placed your order. If the rate of VAT changes between your order date and the date we supply the product, we may adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
When and how you must pay. We accept payment via the various methods shown on the billing page of our checkout process. We ask you to pay for the products at the time of placing your order. By placing an order, you confirm that the form of payment that you use to make payment to us is yours or your businesses (as applicable) and that you have authority to place the order.
Invoices. We will send you an invoice by email. If you need a paper invoice, please contact the Contact Centre.
If you think an invoice, or information shown on the order confirmation email or despatch note, is wrong, please contact us promptly to let us know.
11. LIMITATION OF OUR LIABILITY
Nothing in these Terms excludes or limits our liability for (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; (c) for breach of your legal right to receive products with title and quiet enjoyment implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; (d) defective products under the Consumer Protection Act 1987; or (e) any other matter in respect of which we are not permitted to exclude or limit our liability under applicable law.
If you are a consumer:
Nothing in these Terms excludes or limits our liability for breach of your legal right in relation to the products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; and, fit for any particular purpose made known to us.
We accept no liability for any losses or damages which are not reasonably foreseeable arising out of or in connection with these Terms. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.
If you are a consumer we only supply the products to you for domestic and private use. If you use the products for any commercial, business or re-sale purpose then our liability to you will be limited as set out below.
If you are a business customer:
Except to the extent expressly stated above:
(a) all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded;
(b) we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
(c) our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for our products under such contract.
12. HOW WE MAY USE YOUR PERSONAL INFORMATION
13. OTHER IMPORTANT TERMS
Variations. We may review and amend these Terms from time to time, for any reason, including to reflect changes in relevant laws and regulatory requirements. Any changes will not affect orders already accepted.
Assignment. We may assign, transfer or subcontract our rights and obligations under these Terms to a third party at our discretion and we will remain liable for the acts and omissions of any subcontractor as if they were our own acts and omissions.
You may only assign, transfer or subcontract your rights or your obligations under these Terms to a third party if we agree to this in writing.
Third Party Rights. This contract is between you and us. No third party shall be entitled to enforce any of these Terms, whether under the Contracts (Rights of Third Parties) Act 1999 or any applicable local legislation.
Severability. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or invalid, you and we nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the relevant paragraph, and the remaining paragraphs will remain in full force and effect.
Waiver. Our delay or failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
Jurisdiction and applicable law for consumers. These terms are governed by Irish law and you can bring legal proceedings in respect of the products in the Irish courts.
Jurisdiction and applicable law for business customers. Any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of Ireland and the courts of Ireland shall have exclusive jurisdiction to settle any such dispute or claim
WEEE, batteries and waste packaging. For further information on how we comply with environmental regulations, please see our environmental pages.