Terms and Conditions

Contracts. 1. All our contracts with customers are on these conditions to the exclusion of all other terms and conditions. 2. These conditions apply to all Burgundy Brocante’s sales and any variation to these conditions and any representations about the goods shall have no effect unless expressly agreed in writing and signed by a duly authorised officer of Burgundy Brocante. By making an order (whether by telephone, e-mail, post or in person) the customer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of Burgundy Brocante which is not set out in the contract. Nothing in this condition shall exclude or limit Burgundy Brocante’s liability for fraudulent misrepresentation. 3. Each order or acceptance of a quotation by the customer shall be deemed to be an offer by the customer to buy the goods subject to these conditions. 4. The contract shall be governed by English law and the parties submit to the exclusive jurisdiction of the English courts.

Purchase/Orders 1. All orders must be completed with full details of the customer’s address, telephone number and e-mail. 2. For goods in stock, payment must be made in full whether goods are being collected immediately by the customer or delivered. The delivery charge must also be settled in full. 3. We aim to be as accurate as we can with delivery estimates but they are not binding. Delays may occur in shipping which we have no control of and we ask our customers to be patient should unforeseen delays occur.

Delivery 1. Deliveries are made by either Burgundy Brocante or by a 3rd party. Packing charges are included in the price for postage. Days and times for delivery are estimates only and shall not be made of the essence by notice. 2. Goods will only be brought to the threshold of any property. It is the customer’s responsibility to arrange for the goods to be arranged within the property and is not the responsibility of Burgundy Brocante’s drivers or 3rd party couriers. 3. Subject to the other provisions of these conditions Burgundy Brocante shall not be liable for any direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and similar loss), costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery, nor shall any delay entitle the customer to terminate or rescind the contract, unless delay exceeds 30 days.

Customer Cancellation 1. When goods are collected by the customer or the customer’s agent, such as courier not arranged or paid by Burgundy Brocante, the goods will have deemed to have been viewed and accepted by the customer. The customer will become the owner of the goods when so collected whereupon we will not be liable for their loss or destruction. It is recommended that the customer ensures that the courier holds credible insurance and has provision, such as packing materials for the protection of the goods in transit. 2. Burgundy Brocante will require to see and take a copy of identification of said agent before releasing goods.

Risk/Title 1. The goods are at the risk of the customer from the time of collection, delivery and attempted delivery. 2. Ownership of the goods shall not pass to the customer until Burgundy Brocante has received in full (in cash or cleared funds) all sums due to it in respect of the goods, and all other sums which are or which become due to Burgundy Brocante from the customer on any account.

Returns 1. Private United Kingdom customers have certain cancellation rights under the Consumer Protection (Distance Selling) Regulations 2000 (“the Regulations”). For full details the Regulations must be consulted, but in summary: (a) the right to cancel must be exercised on or before the end of the seventh working day following the day after delivery of the goods; (b) any customer wishing to exercise this right to cancel must notify (in writing) the vendor at the following address: 22 Fairfield Avenue, Cheltenham, GL53 7PN) or by email to david@burgundybrocante.com; (c) as a further condition of the right to cancel customers must also arrange (at their own expense) to return the goods in a saleable condition at the address referred to in (b) above as soon as possible (if the vendor has to collect or pays the return cost then this will be deducted from the refund). The goods will be deemed returned when actually received by the vendor at the said address; (d) pending the return of the goods they must be kept in good condition; (e) customers shall be entitled to a full refund (less any charges referred to in (c) above) on full appliance of the foregoing. (f) Goods collected from Burgundy Brocante by customer or customer’s agent such as courier not arranged or paid for by Burgundy Brocante, will be deemed to have been viewed and are excluded from the Right to Cancel. 2. Refunds will not be given for any purchases at antiques fairs or any special orders or commissions. 3. Any damages must be reported within 24 hours of delivery, Burgundy Brocante will then aim to replace the damaged item immediately or,if this is not possible as a suitable replacement is unavailable, to give a full refund. 4. Burgundy Brocante will not refund goods simply because they do not match, suit or fit or because they are unsuitable to the position the customer envisaged. Each piece is unique and vintage and can not be returned to a manufacturer.

Care 1. On account of our products being vintage we are unable to offer commercial warranty.

Limitation of Liability 1. All warranties, conditions and terms implied by statute or common law (save for conditions implied by section 12 of the Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded from the contract. 2. Nothing in these conditions excludes or limits the liability of Burgundy Brocante: for death or personal injury caused by Burgundy Brocante’s negligence; or under section 2 (3), Consumer Protection Act 1987; or for any matter which it would be illegal for Burgundy Brocante to exclude or attempt to exclude its liability; or fraud or fraudulent misrepresentation. 3. Subject to the above Burgundy Brocante’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the contract shall be limited to the contract price; and Burgundy Brocante shall not be liable to the customer for any pure economic loss, loss of profit, loss of business, depletion of goodwill, in each case wether direct, indirect or consequential, or any claims for consequential compensation whatsoever(howsoever caused) which arise out of or in connection with the contract.

Force Majeure Burgundy Brocante reserves the right to defer the date of delivery or to cancel the contract (without liability to the customer) if it is prevented from or delayed in the carrying on of its business due to circumstances beyond the reasonable control of Burgundy Brocante.

Privacy Policy Burgundy Brocante is registered as a partnership in England. This privacy policy sets out the way we may use the personal information that we may obtain from you. By your continued use of our website you are accepting and consenting to the practices described in this Privacy Policy.

1. We use the information you provide us with, to:

• administer your account and for this purpose, we may disclose your details to our third party service providers/ suppliers for the purpose of processing your order.
• contact you if there are any problems with your order.

2. Disclosure of Your Information

We may pass your information to third parties as follows:

a) Agents

Our employees and agents may perform certain functions on our behalf, for example supplying orders, delivery, sending correspondence, analysing data and processing credit card payments. These third parties may be given access to personal information required by them to perform their functions, but may not use it for any other purpose. Furthermore, they must process the personal information in accordance with this Privacy Policy and as permitted by the UK’s Data Protection Act.

b) Fraud prevention

We may release customer account and other personal information to comply with the law, enforce or apply our Standard Terms of Business and other agreements, or protect the rights, property or safety of Burgundy Brocante, our customers and others. This may include exchanging information with other companies and organisations for fraud protection and credit risk reduction.

3. Cookies

Burgundy Brocante uses cookies on the website. Cookies are small files of information that are stored by your browser on your computer’s hard drive so it is important that you log off when you have finished shopping at Burgundy Brocante, especially when you are using a shared computer. The information stored by cookies provides us with site usage information, which together with purchase information will enable us to continually improve and develop the products and services we offer. You are deemed to have consented to the storage of cookies by your use of this website.

4. Security

Burgundy Brocante takes online security very seriously. However, we cannot guarantee the security of any data you disclose online. All reasonable endeavours have been made to ensure that all transaction information is encrypted. You are recommended to check the lower bar of your browser when you fill in your payment details for an unbroken key or closed lock, highlighting that encryption is active and your information should be secure.

5. Age

Burgundy Brocante does not sell products for purchase by children. If you are under 18, you may use Burgundy Brocante under the supervision of a parent or guardian.

6. Links to other websites

Our site may, from time to time, contain links to and from other websites of interest. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.

7. Changes to our Privacy Policy

Any changes we may make to our privacy policy in the future will be posted on this page. You should check this page from time to time to ensure that you are happy with any changes.

8. General

If you have any comments or queries in connection with our Privacy Policy, please contact us and we will try and resolve the issue for you.