These terms and conditions govern the sale of BrainSmart branded products by us (Brainsmart) to you on the www.brain-smart.net website. These terms and conditions constitute the entire agreement between Brainsmart and you the customer. Please read these conditions carefully before purchasing BrainSmart branded products. By ordering our products, you signify your agreement to be bound by these terms and conditions.
Our contract
When you place an order on our website to purchase goods from us that constitutes an Offer to Buy from you. We accept this order when we send you an Order Confirmation (or Shipment) email confirming that we have dispatched the goods you have ordered from us. That acceptance will be deemed to be complete and communicated to you at the time we send the Confirmation (or Shipment) email, whether you receive that email or not.
Special Offers, Sales & Discount Vouchers
All BrainSmart special offers and purchases made using special discount codes ( for example : Free 1 When You Buy 2 ) are designed for first time customers and as a result are valid for 1 use per customer only .
We do not provide refunds on goods purchased using sale voucher codes or other special offers such as Free 1 For 2 or 50% Off.
Delivery Time
BrainSmart branded products are usually dispatched within the same day (for orders received before 12.00pm) or within 24 hours.
You should expect a delivery time of 5-10 business days. Please bear in mind these are approximations and during busy periods delivery may be slightly longer. Please note that we will need to wait 20 working days from the date of dispatch before we can investigate the non-arrival of any item(s).
Import Duty
The prices payable for goods as set out in the web site are, inclusive of shipping/handling costs.
Payment
We’ll send you an invoice/ delivery note setting out the cost of your purchase we have supplied, together with the total cost of postage and packaging if applicable. Our prices and charges are shown on the Website. We reserve the right to request that we receive payment from you before we supply any products to you.
Payment Methods
Customers can pay with Mastercard ,Visa or with Paypal
Ownership and title
All ownership, title and risk of loss and/or damage in the product you have purchased shall pass to you at the point and time at which such product leaves our premises. All sales are ex works. This means that the sale is completed in the US. All goods remain in the US before any sales transactions are conducted.
Electronic communications
When you transact with Brainsmart 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 BrainSmart 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 legal rights.
Alteration of service or amendments to the conditions
We reserve the right to make changes to our policies, and these terms and conditions at any time. You will be subject to the policies and terms and conditions in force at the time 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.
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 including but not limited to any statutory changes or rulings by any act or customs authority affecting the customs duty payable by you. This condition does not affect your legal rights.
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.
Returns & Refunds Policy
If you return unused and unopened goods to us, within 30 days of dispatch we will refund the amount charged, less any advised shipping cost. We do advise you obtain proof of posting from your local post office. Please note we can only refund your money in cases where 1) goods have been damaged 2) goods have been incorrectly dispatched or if the return complies with our guarantee.
We do not provide refunds on goods shipped using the ‘Free Post’ Service when delivery has been attempted but unsuccessful or if the package has been lost or mislaid by the carrier.
We do not provide refunds on goods that have been opened or used in any way.
We do not provide refunds on goods purchased using sale voucher codes or other special offers such as Free 1 For 2 or 50% Off.
All Returns should be sent using our RMA number process .Offers on our website may differ from our other promotions. This returns policy does not affect your legal rights.
Cancellations
Orders are processed almost as soon as they are placed and it is not possible to cancel or change an order on the website once it has entered the dispatch process. If you no longer want the item you ordered, please return the item to us in accordance with our Returns & Refunds Policy and you will receive a full refund for the price you paid for the item(s)
Limitation of Liability
Our liability to you for breaking any of these Terms and Conditions is limited to refunding any money you’ve already paid for items that you haven’t received or that you’ve returned within the agreed time scales and in the required condition. We won’t be liable for any other loss or damages, unless the loss or damages are caused by our negligence or our breach of these terms and conditions.
We do not accept liability for any errors and omissions and reserve the right to change information, prices, specifications and descriptions. We will endeavour to do our best to correct errors and omissions as soon as practicable after we become aware of them. We shall be under no obligation to dispatch an order for a product which has been advertised at an incorrect price but we shall give you the option to either cancel the order or confirm the order at the correct price.
Our processing of Your Personal Data
In order to process your order the following may be required:
Your email address is stored so that we can send you an email to confirm that any orders, payments, dispatches and any other transactions entered by you have been successfully processed via our website.
We ask you for your telephone number in case we need to contact you about transactions on your account including orders, deliveries and payments. We may also contact you to advise you of any Brainsmart offers which we think may be of interest to you.
We may disclose your information to other companies and individuals who we appoint to undertake, on our behalf, services relating to the administration of your account e.g. fulfilling orders, delivering packages, processing credit card payments etc. We may also pass your information to professional advisors if we require advice relating to our administration of your account. Any such companies, firm or individuals may not use your information for any other purpose and are required to process the data in accordance with the relevant countries Data Protection legislation.
Our use and protection of Your Personal Data for marketing purposes
At Brainsmart we endeavour to carry out our marketing activity in a considerate, ethical and economic way and respect the consumer’s choice when it comes to receiving direct mail. Brainsmart understands the value of our customer’s privacy and can assure you that our services are provided with the utmost respect for your privacy.
Brainsmart therefore guarantees not to sell or pass your personal data to any third party company. Our direct mailings may from time to time incorporate information from reputable third parties advising you of products and services, which we believe may be of interest to you, however, you can be assured that we will not pass your details to any such third parties. This will be in accordance with the UK’s Data Protection legislation. Your data may be used to notify you about other products or services provided by Brainsmart or its subsidiaries . You may at any time request us not to receive such information by emailing us at customerservice (at) brain-smart.net
Brainsmart may use your data to periodically send direct marketing brochures or email you with information on our latest news or product offers.
Disclaimer
This information (and accompanying material) provided by Brainsmart is not intended to replace the attention or advice of a physician or other health care professional. Anyone wishing to embark on any dietary, drug, exercise or other lifestyle change intended to prevent or treat a specific disease or condition should first consult and seek clearance from a qualified health care professional. Brainsmart strongly advises that anyone who is currently taking medicinal products and or suffer from any form of medical disorder should consult their doctor prior to taking our products. Brainsmart strives to ensure that information on this site is as accurate as possible, but does not accept responsibility or liability for any inaccuracies.