DR. BROWN’S LABARATORIES WEBSITE POLICY: TERMS AND CONDITIONS
Thank you for accessing drbrownslaboratory.com ("the Website")). Please carefully read these terms and conditions before using our site.
Scope and definition
These general terms and conditions (the "Terms") will apply when you access this website either online or via your mobile device (the "Website") or place orders to purchase any of the products on the Website.
2. Any reference to "we"/"us" in these Terms is a reference to Dr. Brown’s Laboratories, a company incorporated and governed pursuant to the laws of Bermuda, with company registration no 55338 and our registered address located at 3rd Floor, Suite 301, Melbourne House, Parliament Street, Hamilton HM 11, Bermuda.
Any reference to "you" means you, the user of the Website.
Please read these Terms carefully before using the Website and placing your order. By ordering products from the Website, you agree to be bound by these Terms. Do not use the Website unless you wish to be bound by these Terms because, by continuing to use any part of the Website, you confirm your acceptance of these Terms. We recommend that you keep a copy of these Terms for future reference - click here to print or download a copy.
Use of the Website
You agree not to copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for your own information) from the website without our prior written permission.
You acknowledge that all present and future copyright and other intellectual property rights subsisting in, or used in connection with, the products, the website or any part of it (the ‘rights’), including the manner in which the website is presented or appears and all information and documentation relating to it is our property (or that of our licensors), and nothing in these terms shall be taken to transfer any of the rights to you.
You may not link to the website, other than to the URL: drbrownslaboratory.com.
Your order constitutes an offer to us to buy the products you select from the Website. All orders are subject to availability and will not constitute a binding contract of sale until accepted by us. As soon as this offer is accepted by us by sending an Acceptance Email (as specified below), your order forms a binding contract of sale between you and us.
Purchases made on the Website must be for your personal or gift use and are not to be used for re-sale, commercial purposes or any other commercial benefit. We reserve the right to refuse orders for multiple quantities of an item ordered by you or ordered to any one postal address.
The Website only sells products to individuals who can purchase with a credit card/debit card, via PayPal or other method of payment as set out on the payment page.
The images of the products on our Website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
The Order Process
You may select items from our range of products, details of which will be added to the ‘Shopping Bag’ by clicking on the 'Add to Shopping Bag' button. By clicking on the 'Proceed to Checkout' button, you initiate the checkout process for the products added to the Shopping Bag.
By clicking on the 'Pay now' button you submit an offer to buy the products in the Shopping Bag and agree to pay for those items. Before placing an order you can view and amend your order details at any time by clicking on the 'Shopping Bag & Checkout' button.
When you place your order to purchase products from the Website, we will automatically send you an email confirming receipt of your order and containing the details of your order (the ‘Confirmation Email’). We recommend that you print out the Confirmation Email and keep it for your own records. The Confirmation Email does not constitute our acceptance of your order; it merely records the fact that we have received the order.
We will send you a second email when we dispatch your products which shall constitute our acceptance of your order (the ‘Acceptance Email’), at which point a binding contract of sale will be concluded between you and us.
Any products on the same order which we have not confirmed in an Acceptance Email do not form part of that contract. If for any reason the products ordered by you are not available at the time you place your order, we will notify you of this by email. Our acceptance of your order in the Acceptance Email is limited to the products that are available - no contract of sale will be concluded in respect of products that are not available. We will retain the title in the products until full payment has been received by us.
Availability and delivery times
We will notify you of the estimated delivery time for your products in the Acceptance Email. Save in respect of customized products, this estimated delivery date will usually be within two weeks (i.e. excluding Saturday, Sunday and public holidays in the Bermuda where the products are shipped from) of sending you the Acceptance Email for Standard Delivery and within one week of sending you the Acceptance Email for Express Delivery.
It may take slightly longer to deliver products to very remote areas. In the case of customized products, the estimated delivery date will usually be within one month. We will endeavour to deliver all products you have ordered as soon as possible, but these delivery dates are estimates only. Dispatch dates are not guaranteed and should not be relied upon.
In the event that we become aware that we are unable to meet the original estimated delivery time stated in the Acceptance Email, we will notify you of this as soon as possible and at the same time and without us being liable to you we will specify a new estimated delivery time.
Whilst we will do our best to deliver your products within the period of time defined above, sometimes it may take longer than expected. You accept that on some occasion, it may take us more than 30 days to deliver your products. If you change your mind in the meantime, you have the right to cancel your order.
If your order has not been received within our specified timescales, in the first instance please check with your local mail delivery office to see that they are not holding your parcel. If they confirm that they do not have your products, please contact us and we will do our best to assist. All delivery timescales are subject to delays caused by seasonal or busy periods, weather and other unforeseen circumstances, though we will do everything we reasonably can to get your order to you on time. Please note that during exceptionally busy periods (e.g. Christmas), or when the weather is particularly inclement, please allow an additional day before raising a query.
Please note that the delivery company may require a signature on delivery and will not leave products without a signature. Orders can be delivered to a place of work which is usually easier and avoids the disappointment and delay of products being returned to us as undelivered by the courier.
We only deliver products to the locations listed on the Website subject at all times to the relevant international regulations concerning free trade. In the event that an order is placed for a delivery to a location where we do not deliver, the order will be cancelled and a refund processed.
Where you have ordered multiple products, we may sometimes need to deliver your products in more than one delivery.
Your order will be sent to the delivery address that you have given on your order form. We are not responsible if that delivery address is incorrect or incomplete.
All of the prices listed on the Website do not include any statutory value added tax.
The prices shown on the Website are stated in Bermuda dollars and exclude delivery charges.
Despite our best efforts, a small number of the products on our Website may be mispriced. If a product's correct price is lower than our stated price, we will charge the lower amount and send you the product. If a product's correct price is higher than our stated price we will, at our discretion, either contact you for instructions before shipping the products, or cancel your order and notify you of such cancellation.
Our delivery charges are as follows:
Pick-up station delivery;
We reserve the right to make a surcharge for deliveries to some areas. If a surcharge is applicable to your order, you will be informed at the checkout stage of the order process, prior to placing your order.
Where you order multiple products, you will only be charged one delivery charge.
The cryptogram on the back of your card is systematically required to use the card for any future purchase, and you may delete it at any point from the list recorded for the final payment.
Payment for your products must be made via credit or debit card, PayPal, or other means as specified on the payment page. Maestro card are not supported by our payment system.
The full payment price, including delivery charges and any additional charges for services you may have ordered, will be debited from your card or PayPal account upon or shortly before dispatch of the products to you.
You confirm that the credit or debit card or PayPal account that is being used is yours. All credit or debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your card refuses to authorize payment we will not accept your order and we will not be responsible for any delay or non-delivery and we are not obliged to inform you of the reason for the refusal.
When you visit the Website or send emails to us, you are communicating with us electronically. We will communicate with you by email or by posting notices on the 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 statutory rights.
Returns & Exchanges
Please be advised that for health and safety reasons, you are not entitled to return any unsealed products once we have shipped to you.
You are only entitled to exchange an item if we have sent you the wrong product, in which case we will require you to return the unsealed and unopened product that was shipped to you, at which point we will subsequently exchange the product for the product of your choice.
Your personal data
By entering information on the Website, you represent and warrant that you are using your actual identity, and all information you provide is true, accurate, current and complete as at the time you provide us that information.
If you find that the information transmitted is incorrect or no longer valid, it is your responsibility to change it. We will not be liable for any errors that may result in your submission of incorrect information.
You consent to information about the device you use to access the Website being collected and processed for fraud prevention purposes and we may use third parties (and information they provide) to help us prevent fraud or unauthorised access to our Website.
You may use our site only for lawful purposes.
You may not use our site:
In any way that breaches any applicable local, national or international law or regulation.
In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.
For the purpose of harming or attempting to harm minors in any way;
To bully, insult, intimidate or humiliate any person;
To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree NOT to:
duplicate, copy or re-sell any part of our site in contravention of the provisions of these terms.
access without authority, interfere with, damage or disrupt:
any part of our site;
any equipment or network on which our site is stored;
any software used in the provision of our site; or
any equipment or network or software owned or used by any third party.
We may from time to time provide interactive services on our site, including, without limitation:
Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not fool proof. Minors who are using any interactive service should be made aware of the potential risks to them.
Breach of this policy
Immediate, temporary or permanent withdrawal of your right to use our site.
Issue of a warning to you.
Issue legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
We exclude our liability for any and all action we may take in response to breaches of this acceptable use policy. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.
Exclusion of Liability
The products on this Website have not been approved by the American Food & Drug Administration. You use the products on this site at your own risk and you agree to indemnify us for any loss or damage suffered by you in connection with your use of our products, however so arising.
You agree to indemnify, defend, and hold harmless each of us from and against any claims, actions, demands, or other proceedings based on or in connection with the use of our site, however so arising.
There may be links that will let you leave this site or that will let you access this site from third-party sites. Be advised that link third party sites are not under our control and we are not responsible for the contents of any such linked site or any link contained in such a linked site. We will not be liable for any loss or damage that may arise from your use of any such links.
Governing Law & Jurisdiction
The terms of your use of our site, its subject matter and its formation are governed by Bermuda law.
By using this site in any way, including but not limited to your purchase of products from our site, you agree that the court of Bermuda will have exclusive jurisdiction for any legal disputes that arise.