Terms and Conditions
Our Contract with You:
No contract exists between you, the customer and us Brooks, 37 High Street, Lanark, ML11 7LU, Scotland until such a time as your order for goods is confirmed and the goods are dispatched. Brooks shall not be deemed to have accepted your order until that time and may re use or cancel your order, notwithstanding that an automatic confirmation of your order may have been received by you.
Pricing and Availability:
Your credit card, debit card or PayPal account will normally be charged at, or shortly after, the time that your order is placed. Prices for all goods are listed on the website. Prior to finalising you will be shown the total price for the goods inclusive of taxes and any delivery charges (if they apply). In the event that we have sold-out of any items you have ordered, you will be informed by email as soon as is practicably possible.
Brooks does everything it can to ensure that the goods are delivered promptly. However, time shall not be of essence in relation to your contract with Brooks, and late delivery shall not affect the contract with Brooks. If Brooks is aware of any anticipated lengthy delay in the delivery of the goods you have ordered, Brooks will attempt to contact you and keep you advised of the likely date for delivery.
Brooks will only 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 when the contract was formed. We will not be responsible for any business loss (including loss of profits, revenue, contracts, anticipated savings, goodwill or wasted expenditure). Brooks does not limit in any way our liability by law for death or personal injury caused from our negligence or breach of duty.
These conditions are governed by and construed in accordance with the laws of Scotland.
Licence for website access:
Brooks grants you a limited licence to access and make personal use of this website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Brooks. This licence does not include any resale or commercial use of this website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
This website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.
You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the Welcome page of Brooks as long as the link does not portray Brooks, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Brooks logo or other proprietary graphic or trademark as part of the link without our express written consent.
You must not use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way.
You understand that you, and not Brooks, are responsible for all electronic communications and content sent from your computer to us and you must use the website for lawful purposes only.
You must not use the website for any of the following:
- for fraudulent purposes, or in connection with a criminal offence or other unlawful activity
- to send, use or reuse any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing; or in breach of copyright, trademark, confidence, privacy or any other right; or is otherwise injurious to third parties; or objectionable; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam"
- to cause annoyance, inconvenience or needless anxiety
Copyright and database rights:
All content included on the website, such as text, graphics, logos, button icons, images, and audio clips, digital downloads, data compilations, and software, is the property of Brooks, its affiliates or its content suppliers and is protected by United Kingdom and International copyright and database right laws. The compilation of all content on this website is the exclusive property of Brooks and its affiliates and is protected by United Kingdom and international copyright and database right laws. All software used on this website is the property of, our affiliates or our software suppliers and is protected by United Kingdom and international copyright laws.
You may not systematically extract and/or re-utilise parts of the contents of the website without Brooks express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this website, without Brooks express written consent. You also may not create and/or publish your own database that features substantial (eg our prices and product listings) parts of this website without Brooks express written consent.
Brooks and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement.
When you visit Brooks or send e-mails to us, you are communicating with us electronically. We communicate with you by mail 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.
Alteration of Service or Amendments to the Conditions:
We reserve the right to make changes to our website, policies, and these Conditions of Use & Sale at any time. You will be subject to the policies and Conditions of Conditions of Use & Sale in force at the time that you use the website or 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. This condition does not affect your statutory rights.
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.