Terms and Conditions
1.1 In these terms and conditions, unless the context otherwise requires, the following terms have the following meanings:
1.1.1 Products means smokers and accessories supplied for sale by us to you;
1.1.2 Us or we means Grakka Limited, a company registered in England with company number 04073896 and having its registered office at Plym House 3 Longbridge Road, Marsh Mills, Plymouth, Devon, PL6 8LT.;
1.1.3 Website means the website through which we sell the Products or the Services: bradleysmoker.co.uk and other country level domains;
1.1.4 You means the customer purchasing Products or the Services, and “your” shall be interpreted accordingly.
2. APPLICATION OF THESE TERMS
2.1 These terms and conditions (the “Conditions“) apply to the sale Products and (where available) Services by us, whether through our Websites or by other means.
2.2 These Conditions together with an order or order confirmation accepted in accordance with clause 3 below (the “Contract“) constitutes the entire agreement between the parties relating to the purchase of Products and/or Services. You acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on our behalf which is not set out in the Contract.
3. PLACING AN ORDER
3.1 We only supply Products for purchase by adults and we do not sell to children. If you are under 18, you may use our Website only with the involvement of a parent or guardian.
3.2 For Products purchased on our website(s), the following provisions apply:
3.2.1 The places we deliver to vary depending on the Product and will be displayed on the appropriate webpage.
3.2.2 The Products and the prices on the Websites are an invitation to place an Order only and do not constitute an offer by us to you to purchase the Products.
3.2.3 When you click the “Place Order” button on one of our Websites, the placing of such order will constitute an offer by you to purchase the Products subject to these Conditions. You should review the order and correct any incorrect details before pressing the “Confirm Order” button.
3.2.4 We may reject your order for any reasonable reason, for example, but not limited to, incorrect or incomplete information, a declined credit or debit card, or lack of availability. If we are unable to accept your order, we will notify you by email.
3.2.5 An online order shall only be accepted by us when you receive a confirmation email from us which, subject to the provisions of Condition 3.2.6, shall create a Contract. The date of the Contract shall be the date on which we issue the confirmation email.
3.2.6 Acceptance of your order is not a guarantee by us of the availability of the Products and all acceptances are conditional on availability of the Products. If the Products which you have ordered are not available, we shall inform you of this as soon as possible.
3.2.7 If you receive a confirmation email for an order which you did not place, or if the details in the confirmation email do not match the order which you placed or intended to place, you must contact our customer services department by sending an email email@example.com or by calling us on +44 1803 712712 to cancel the order or correct the details.
3.3 Where you order in person, over the phone, by email, fax or post, the following Conditions apply:
3.3.1 Unless you have requested a quotation, your order constitutes an offer to purchase the Products and/or Services in accordance with these Conditions. You are responsible for ensuring that the terms of your order and any applicable specification submitted by you are complete and accurate. Your order shall only be deemed to be accepted when we issue a written acceptance of the order, at which point the Contract shall come into existence.
3.3.2 If you have asked for a quotation for your order, the Contract will come into existence when you accept our quotation. Quotations are subject to availability at the time the quotation is accepted, and quotations shall only be valid for 1 month from the date of issue.
4. APPEARANCE OF PRODUCTS
4.1 The images of the Products on the website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.
4.2 Any samples, drawings, descriptive matter, or advertising produced by us and any descriptions or illustrations contained in our catalogues or brochures are produced for the sole purpose of giving an approximate idea of the Products described in them. They shall not form part of the Contract or have any contractual force.
5. PRICE AND PAYMENT
5.1The following terms are applicable to purchases of Products on our Website and all sales to consumers:5.1.1Unless otherwise stated, prices are inclusive of VAT, but they do not include delivery charges which will be added to the total amount at the point of order completion.
5.1.2 If you are located outside of the UK, or the EU, the prices are exclusive of any applicable sales tax and import duties applicable in your country as well as delivery charges which will be added to the price.
5.1.3 We will require payment at the time of placing the order.
5.2 The following terms are applicable to sales to corporate and business customers (excluding Website sales):
5.2.2 Where we provide you with a quotation or a trade price list, prices are, unless otherwise stated, exclusive of VAT and any other sales tax or duty and do not include packaging or delivery charges or the cost of installation.
184.108.40.206 Invoices are payable: within 7 days of the date of any invoice in respect of the Products; and
220.127.116.11 within 14 days of completion of works in respect of any Services.
5.3 The following terms apply to all sales.
5.3.1 If you fail to make any payment due to us under the Contract by the due date for payment, then we reserve the right to charge interest on the overdue amount at the rate of 4% per annum above HSBC UK Plc's base rate from time to time. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgment.
5.3.2 You shall pay all amounts due under the Contract in full without any set-off, counterclaim, deduction or withholding (except for any deduction or withholding required by law). We may at any time, without limiting any other rights or remedies we may have, set off any amount owing to us by you against any amount payable by us to you.
5.3.3 If the rate of VAT changes between the date of the order and the date of delivery, we will adjust the rate of VAT that you pay, unless you have already paid for the Products in full before the change in the rate of VAT takes effect.
5.3.4 Whilst we make every effort to ensure prices and information accessible via the Websites and are brochures or price lists are accurate, complete and up to date, we cannot guarantee this. We do reserve the right to correct any mistakes without liability to you. We will email you if the Contract is affected by a mistake and you will have the right to cancel the Contract. If you cancel you will receive a full refund of the price paid by you.
5.4 Klarna: In cooperation with KlarnaBank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you the following payment options. Payment is to be made to Klarna:
5.4.1 Pay later in 30 days and Pay in 3 installments
5.4.3 Further information and Klarna’s user terms you can find here. General information on Klarna you can find here. Your personal data is handled in accordance with applicable data protection law and in accordance with the information in Klarna's privacy statement. This in only available in the UK.
6. RISK AND OWNERSHIP
6.1 Ownership of the Products will pass to you on the date on which you pay for the Products.
6.2 Risk of damage to or loss of the Products shall pass to you at the following times:
6.2.1 If you purchase Products on our Website, risk will pass upon delivery to your address.
6.2.2 If you are a commercial customer and we have agreed an Incoterm with us for delivery under Incoterms 2010, then, unless otherwise agreed on the order confirmation, risk will pass at the time specified by the agreed Incoterm.
6.2.3 In all other cases, risk will pass when the Products leave our warehouse.
7. CANCELLATION AND RETURNS
7.1 If you are purchasing from us as a consumer in the United Kingdom or the European Union, and you purchase our Products away from our premises (such as through our Websites) you are entitled to a statutory "cooling off period" allowing you to cancel the Contract for any reason if you change your mind:
7.1.1 in relation to any Products which are not perishable or tailor made for you, at any time within fourteen (14) days of receiving the Products.
7.1.2 In relation to Services, at any time within fourteen (14) days of the date of the Contract.
7.2 You may cancel the contract under Condition 7.1 by using the model cancellation form attached to these terms and conditions (but you or not obligated to do so) or by our customer services department by email to firstname.lastname@example.org or by telephone on +44 1803 712712
7.3 We are able to accept returns only directly purchased through Bradley Smoker via phone, website or through our Retailers. Proof of purchase from the Retailer will be required and a refund must be obtained directly from the Retailer.
7.4 Under our goodwill guarantee returns policy for consumers in the UK and the European Union, we will extend the returns period for Products to 30 days from the date of receipt of the Products provided the Products are in their original, unused condition and returned in their original packaging with a copy of the original delivery note.
7.5 Where you cancel your Contract within the cooling off period we will promptly refund to you any payment you have made and in any event within 30 days of cancellation, provided the Products are returned undamaged and in the original packaging and that the Products have not been specifically tailored to your specifications, or personalised, or the Products by their very nature cannot be returned or are liable to deteriorate.
7.6 We will also refund to you the cost of returning Products to us provided:
7.6.1 the address from which the Products are being returned is in the United Kingdom; and you return the Products within the fourteen day period referred to in clause 7.1.1.In all other cases, you shall be responsible for the cost of returning the item to us.
8.1.1 Changes to the shipping address must happen within 24 hours so that we can ensure our third party warehouses have time to make the change, otherwise this change could incur a surcharge. Whilst every effort will be made to accommodate the address change request, we cannot guarantee that we will be able to make this change before the Product(s) ship. As a result, address change fees may apply.
8.2 For international deliveries, we may agree a shipment term with you in your order confirmation which will be construed in accordance with Incoterms, 2010.
8.3 If you fail to take delivery of the Products:
8.3.1 delivery will be deemed to have taken place on the date for delivery;
8.3.2 risk in the Products will pass to you; or
8.3.4 we may (without prejudice to any of our other rights) dispose of the Products.
8.4 A recipient is required to be present at the address to sign and confirm receipt of goods in satisfactory condition.
8.5. Failure to provide us with the correct delivery address may result in a re-direction charge of full price.
8.6 The time it takes for us to ship the Products depends on stock levels and will be specified to you at the time you place your order, or failing that, by email following our receipt of your order.
8.7 The time it takes to deliver the Products once they have been shipped depends on the delivery service we use, which depends on the type of Product and your location. Delivery timings will be shown on product page at time of purchase.
Please note that this may differ due to high demand - view the product page for most up to date information. Please note that for islands within the UK and the Scottish Highlands, delivery may take a little longer than advertised on the Product page.
8.8 Since we use a third party delivery service, late delivery of Products is out of our control and will not be eligible for a refund on the ground of late delivery after they have left our warehouse.
10. GUARANTEE AGAINTS DAMAGE IN TRANSIT
10.1 Upon arrival, if there is any present or visible damage to the Products, refuse receipt by refusing signature and return with driver with reason of refusal along with the co-signature of delivery driver. DO NOT sign if damaged and DO NOT accept goods as ‘damaged in transit’.. Contact us on +44 1803712712 within the same day, to report damages and ensure fast replacement of your Products. Alternatively, you can sign ‘UNCHECKED’ If you are unable to check the goods at the time of delivery. The Guarantee under this Condition 9 will be void if:
10.2.1 You do not report the damage in transit to us within 3 days of product delivery; or
10.2.2 You accept Products that have clearly and visibly been damaged in transit without returning them to the driver. Your transit guarantee against Product damage is terminated once the goods have been signed for. Products marked unchecked will be believed to be received in good order.
10.3 If you are a consumer, the guarantee in this clause does not affect your statutory rights.
11.1 We warrant that the Products will be free from defects in materials and workmanship for the periods specified in our manufacturer’s warranty. For more information on our manufacturers warranty and how to make a claim, please see the warranty information page here.
11.2 If you are purchasing our Products in the course of a trade or business, the warranties offered in our manufacturer’s warranty apply to the exclusion of any other warranty, condition or other term implied by law, whether by statute, common law, custom and usage or otherwise.
11.3 If you are purchasing our Products as a consumer, the warranties offered by this clause 11 and our manufacturer’s warranty shall not affect your statutory rights as a consumer.
12 LIMIT ON LIABILITY
12.1 If you are a consumer:
12.1.1 We will be responsible for any losses you suffer as a result of us breaching these Conditions if the losses were reasonably foreseeable to both you and us at the time the Contract for the relevant Products is made.
12.1.2 Save as stated in Conditions 13.3 and 13.4
18.104.22.168 We will not be liable for any indirect or consequential loss that is not reasonably foreseeable to both you and us when the Contract was made.
22.214.171.124 Our liability to you and your liability to us for breach of these Conditions will not exceed an amount equal to five times the price paid or payable by you for the Products ordered.
12.2If you purchase from us for business purposes, then
12.2.1 Subject to clause, we will not be liable to you, whether in tort (including negligence), for breach of contract, breach of statutory duty or otherwise for:
126.96.36.199 any indirect or consequential loss; or for
188.8.131.52 any business loss (including loss of profits, contracts, income or revenue), anticipated savings, data, goodwill or wasted expenditure, whether direct or indirect.
12.2.2 Subject to clause 13.3, our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the price of the Products or the Services to which the claim relates.
12.2.3 If any items are missing from your order, or there are any other irregularities such as faulty or incorrect items, you must notify us as soon as possible in writing, and by no later than within 7 days of Product delivery in order for us to rectify the problem. Failure to notify us within this time frame may result in the inability to rectify this problem.
12.3 Whether you are a business or a consumer, nothing in these Conditions shall exclude or limit either party's liability to the other for
12.3.1 death or personal injury caused by negligence
12.3.3 breach of the terms implied by the section 12 of the Sale of Goods Act 1979;
12.3.4 defective products under the Consumer Protection Act 1987; or for
12.3.5 any other liability that cannot be lawfully excluded or restricted.
12.4 Nothing in these Conditions affects your statutory rights as a consumer.
13 EVENTS OUTSIDE OUR CONTROL
13.1 We may cancel the Contract if an event outside our reasonable control makes it difficult to provide the Products in accordance with the Contract, and we shall not be in breach of these Conditions if we do cancel due to such an event. As soon as we become aware of the need to cancel the Contract we will contact you by email setting out our reasons for cancellation. You will receive a full refund of the price paid by you.
14 DATA PROTECTION
15 SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS
16 PROMOTIONAL OFFERS
16.1 From time to time we may offer promotional offers in respect of certain Products on our Website. These promotional offers will be subject to availability of the relevant Products and are not an indication of availability
16.2 All promotional offers offered by us shall be subject to these Conditions together with any applicable additional terms and conditions, rules and instructions. Where there is a conflict between these Conditions and any additional terms and conditions, rules and instructions these Conditions shall apply.
17.1 We may transfer the Contract to any person or ask any person to fulfil any aspect of it as long as the performance of the Contract is not affected.
17.2 An entity which is not expressly a party to the Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract or these Conditions.
17.3 If any of the numbered terms in these Conditions is found to be void or unenforceable, such invalidity or unenforceability shall not affect the remainder of these Conditions.
17.4 We reserve the right to make changes to these Conditions at any time. Your Contract will be governed by the version of these Conditions in force at the time that you placed your Order.
17.5 These Conditions and the Contract shall be governed by and construed in accordance with the laws of England in the English language, and any court proceedings must take place in the English courts.
updated as of February 27, 2023
APPENDIX - MODEL CANCELLATION FORM
This form is only applicable to consumers and not to business customers.
Complete and return this form only if you entered into your contract with us away from our site, or by phone, email or other remote means of communication and you wish to withdraw from the contract.
The cancellation period will expire after 14 days from the day of the conclusion of the contract (save where our goodwill guarantee applies).
To exercise the right to cancel, you must inform us of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or e-mail). You may use this attached model cancellation form, but it is not obligatory.
To Grakka Ltd:
I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract for the purchase of your products with the following details:
Name of customer(s):
Address of customer(s):
Date of my order:
Brief description of product ordered:
Order Reference Number (if applicable):
Signature of consumer(s) (only if this form is notified on paper):