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Click here if you wish to read the UMBRELLA HIRE PACK TERMS & CONDITIONS

Terms & Conditions

This site is owned by Naysmith Ltd and registered in Scotland, Registration No. SC321669, with registered address at Unit 5/6 Polbeth Industrial Estate, West Calder, West Lothian, EH55 8TJ and our email address is info@brolliesgalore.co.uk

Any purchase of goods from the site www.brolliesgalore.co.uk requires the customer to consult and accept these terms and conditions. The click validating the order implies full acceptance of these terms and represents the customer's "digital signature".


Purpose

These terms and conditions are intended to define the rights and obligations of the parties in the sale of goods proposed online by Naysmith Ltd for the customer.


Terms & Conditions Quick Link Contents

Order Confirmation & Buying Agreement Despatch & Delivery - International Delivery Cookie Policy
Product Information Delivery Schedule Guarantee
Gift Vouchers Loss, Missing or Damage in Transit Warranty
Back Orders Returns Policy Right of Use
Payment Methods & International Buying Returns - Replacement Product & Service Specifications
Tax Charges Returns - Exchange Care and Safety
Proof of Transaction Returns The Right to Withdrawal Validity Period of Offer and Prices
Delivery Terms Returns - Failed deliveries Force Majeure
Despatch & Delivery Liability Partial Invalidity
Despatch & Delivery - UK Delivery Data Protection and Privacy Policy Non-Waiver
Interlink Express Predict & Follow My Parcel Service Credit Card Security Applicable Law and Competent Jurisdiction

Order Confirmation & Buying Agreement

We sell to customers in the UK and Worldwide, UK law is the applicable law.


We abide by the rules stated in The Consumer Protection (Distance Selling) Regulations 2000 (as amended) and the Electronic Commerce (EC Directive) Regulations 2002.


It is important that you read these terms and conditions as the use of our web site is subject to them. In the unlikely event that you have a complaint against www.brolliesgalore.co.uk or one of its products please send an email to info@brolliesgalore.co.uk or write to our companies registered address.


When buying goods and services on the internet the consumer is entering into a legally binding contract.


All contractual information will be confirmed by email to the address specified by the customer during the purchasing act. The email you will receive confirms the details we have received from you, it does not indicate that a contract exists between us.


We will indicate acceptance of your order when we send you an invoice and hence a contract between us. We have included this term to protect us in the case that a mistake has been made in pricing of the goods, shipping charges or subject to stock availability where we are no longer able to supply a particular product for some reason.


If by rare chance your item is not in stock, we will try our best to get in touch with you by email or phone before despatch time. If we are unable to get in contact with you in time, we will back order the out of stock item and send out the remainder of your order. If the item is not coming back into stock within 10 working days, we will refund the item and you will be notified by email.


Please ensure you provide us with a valid email address as we will email your invoice to you. If you do not have an email address, please give us a call to place your order and we will post a hardcopy out to you.


Product Information

Every effort has been made to ensure the accuracy of the information presented on our site. Naysmith Ltd or our suppliers shall not be held liable for the consequences, accidents, or special errors arising from electronic transmissions or the accuracy of transmitted information. In the event of a transmission error we will contact you ASAP in the morning to resolve the issue so we can despatch your order on time. Manufacturer and brand names are only used for identification purposes. Product photos, descriptions and prices are non-contractual.


Gift Vouchers

Due to lack of demand we are nolonger offering Gift Vouchers.

Back Orders

If you wish to order an out of stock item, please call us and if we know that the item is due to come back into stock, we can place a back order for you. It will be despatched as soon as it arrives back into stock. Payment will only be taken when the order is ready for despatch.


Payment Methods & International Buying

We accept Visa, MasterCard, Maestro, American Express, Electron. All debit and credit card payments are in GBP. If you are shopping from North America or anywhere else, place your order and your credit card company will convert the transaction to US Dollars or your own currency and the conversion will show on your card statement. Exchange rates are controlled by your card issuer.


We can accept cheques and PO's that are in GBP Sterling and drawn on a UK BANK ONLY. Please make payable to Naysmith Ltd and cross A/C Payee. Goods will be despatched once your cheque has been received. If payment is not received within 10 working days of the order being placed the order will be cancelled and the goods returned to stock.

Tax Charges

For orders made from the UK or the European Union, 20% VAT is added. All other orders are VAT free and prices are amended at checkout. All product prices are shown inclusive of VAT.


Proof of Transaction

The records stored in our computer systems, under reasonable safety conditions, are considered proof of communications, orders and payments made between the parties.

Purchase orders, invoices and proof of deliveries are stored on a reliable and durable system and can be produced as evidence.


Delivery Terms

Products are delivered to the address specified by the customer on the purchase order.


The customer must notify the carrier (or postman) of even the slightest trace of damage (holes, signs of crushing, etc.) to the parcel, and refuse the package if necessary. A new, identical product will then be sent to the customer at no additional charge.


As with any shipment, a delay or loss of goods is possible. In such a case, the carrier shall start an investigation. Every effort is made, for as long as necessary, to find the package. If the package is not found, the carrier will reimburse Naysmith Ltd, and we will deliver a new, identical package to the customer free of charge.


We shall not be held responsible for delayed delivery times due to the carrier, including for the loss of goods, bad weather or strikes.


Despatch and Delivery

We are currently despatching orders received before 12:00 on the same day, otherwise they are despatched the following day of receipt of payment (ex. Sat, Sun and Bank Holidays). International orders are despatched the next working day from receipt of payment.


Despatch and Delivery - UK Delivery

We have great delivery prices from Interlink Express who deliver most of our products all around the UK, although we may also use myHermes and Royal Mail when necessary. As our delivery costs are regularly reviewed to keep prices as low as we can, prices shown in the checkout and customer service are subject to change. Please be assured we keep the delivery and packaging costs as low as possible, while assuring your order is delivered safely and efficiently. Please note: Heavier or items too long or expensive to be sent by Royal Mail or myHermes will default to Interlink Express.


Current UK Mainland Delivery Charge Summary

  • Standard Delivery is 3.95
  • Express Delivery is 6.95
  • Next Day Delivery by 12noon (Monday to Friday) is 9.95
  • Saturday or Sunday delivery is 12.95

Free UK standard delivery available on all orders over 30 EXCULDING Hire Packs and Promotional Printed Umbrellas.


Please note: these great prices are per consignment and that extra charges only apply for deliveries to offshore UK destinations and for the Scottish Highlands.


An order can be left in a secure weather-proof location (e.g. shed, outhouse or garage) on the instructions of the customer but this is done at the customers own risk. We cannot advise the delivery companies to leave an item on the doorstep, over back gate or in the back garden etc.


However, in a minority of cases, if the delivery companies are unable to follow the instructions they will leave a 'Sorry you were out' delivery card. These cases could include:

  • If it would be dangerous for them to access the nominated point.
  • If the nominated point is clearly insecure, such as an easily viewed doorstep.
  • If the item would be exposed to bad weather.

If a Courier delivery arrives damaged or crushed, please do not sign for it or sign for it only as damaged container, let us know within 24 hrs or the next working day so we can resolve the issue.


Interlink Express Predict and Follow My Parcel Service

The majority of our UK mainland parcels (excluding standard delivery to Northern Ireland, Scottish Highlands & UK Islands) are sent out via Interlink Express.


Interlink Express is the most innovative parcel carrier around. Thanks to their industry-leading Predict service they provide our customers with a one hour delivery window, notified by SMS and email, so you don't have to wait in all day.


What's more, their revolutionary Follow My Parcel service enables our customers to watch the progress of their delivery on a real-time map, all the way down to a final 15 minute timeslot.


To give the SMS and email notifications that personal touch, our branding is included so you know where your parcel is coming from and they even tell you the name of your Interlink Express driver, as well as the position you occupy in their delivery queue.


As well as keeping our customers informed at every stage of the journey, they believe in maximising choice and convenience. That's why they provide access to a suite of rescheduling options both on the day of delivery and the night before, allowing customers to take delivery of their goods in a way that suits you. If you wish to reschedule, you can:

  • Select an alternative delivery date
  • Opt for delivery to a nominated neighbour
  • Have the parcel left in a specified safe place
  • Collect the parcel from your local Interlink Express depot
  • Upgrade your delivery to 12noon
  • As DPD is Interlinks big sister company, so you can now also take advantage of opting for delivery to a local DPD Pickup point!

All these options are available to you via email or SMS notifications, so when ordering please remember to add your mobile number so you can be in full control of your delivery, ideal for this modern world of internet shopping!


Despatch and Delivery - International Delivery

When we sell to customers worldwide we have a delivery contract with FedEx International, GeoPost Group and other freight companies which give us a competitive price. Short or folding items can be sent by Airmail which gives you a considerable saving. International services costs vary by country and the service options and charges will be shown at checkout. Golf and Walking Length Umbrellas are too long to be sent by small packet airmail and they are sent by FedEx International services or GeoPost. Our other freight companies are great for larger consignments or more tricky delivery destinations like Malta.

  • European Courier Service is by GeoPost Group.
  • Airmail is by Royal Mail and goes International Signed For Small Packet Post.
  • International deliveries is by FedEx International

FedEx and Geopost International services are charged first volumetrically and then by weight, while Royal Mail Airmail services are charged by weight.


Delivery Schedule

The times stated are those promised by the delivery companies involved, but sometimes delays occur out with our control. We cannot be held responsible for delivery delays occurring once goods leave our warehouse i.e. inclement weather or vehicle/equipment breakdown. Naysmith Ltd will not accept any liability for late delivery of the goods and delivery time will not be the essence of our accepting an order.


Delivery Times Summary
  • Standard Delivery generally takes 2 to 5 working days from despatch.

  • Express Delivery will take 1 to 2 working days (Monday to Friday) from despatch for UK Mainland and Central London in normal conditions, 2 to 4 working days from despatch for the Scottish Highlands and Islands, UK Islands, Northern Ireland and Ireland. Deliveries are Monday to Friday Only.

  • Next Working Day Delivery by 12noon, will only apply to orders received before 1pm Monday to Thursday, If we receive your order on Friday your order will be delivered on Monday by 1pm, Tuesday if it's a bank holiday as Guaranteed Next Working Day Delivery does not deliver on Weekends or Bank Holidays.

  • Saturday Delivery, whatever day you place your order delivery will be made on the next Saturday. Last orders must be placed by Friday 12noon, orders recieved after then will be delivered on the following Saturday.

  • Sunday Delivery, whatever day you place your order delivery will be made on the next Sunday. Last orders must be placed by Friday 12noon, orders recieved after then will be delivered on the following Sunday.

  • GeoPost European Deliveries takes 2 to 8 working days depending on the area. 1-2 Days to France and Germany, 3-4 days to Spain but further reaching destinations like Greece will take 7-8 workings days.

  • FedEx International takes 2 to 5 working days.

  • Airmail will take 5 to 25 working days - Tracking information is dependant on destination..

Please note: For international deliveries we are not responsible for any further duties or charges to be paid to the receiving country's Custom Officials. These have to be paid for by the customer.


The times stated are those promised by the delivery companies involved, but sometimes delays occur out with our control. We cannot be held responsible for delivery delays occurring once goods leave our warehouse i.e. inclement weather or vehicle/equipment breakdown. Naysmith Ltd will not accept any liability for late delivery of the goods and delivery time will not be the essence of our accepting an order.


Royal Mail and myHermes have limited tracking. Interlink Express, DPD and FedEx International services have full tracking. If you wish to track an item please login to your account to find your tracking details or call 0845 602 3712 between 09:00 and 16:00 or email info@stickandcaneshop.co.uk for your tracking number.


Naysmith Ltd will not accept liability for non-delivery, where this is caused by circumstances beyond our control. But if your order has not been delivered after 10 working days from the date of despatch, and cannot be traced then we will replace the item at no extra cost.


Loss, Missing or Damage in Transit

Naysmith Ltd will not be responsible for damage or loss of goods or part thereof in transit or for any discrepancy between the goods delivered and the goods ordered unless the customer gives written or email notice of a claim to Naysmith Ltd and the carrier within three (3) business days of delivery.


In the event of damage of goods or part thereof in transit, the customer must hold the goods and box and make them available for inspection or collection by Naysmith Ltd or its representatives on request. We may ask you to take photograph of the damage and email it to us as proof and we can then send out a replacement faster.


Generally we will despatch everything on your order. If an item is placed on back order we would have contacted you via phone or email to let you know that this is what we have done. So for any discrepancy between the goods delivered and the goods ordered, we will investigate the issue asap and if an item has been missed in packing we will despatch the missing item asap.


Returns Policy

We want you to be totally satisfied with every purchase you make from Naysmith Ltd but if you are looking to return an item be it for an exchange or refund, please call or e-mail us first for a returns number within 14 days of receiving your order, quoting your order reference number so we can find your order quickly. We will then email you a returns form and a unique returns number.


Naysmith Ltd warrants that the goods are free from defects at the time of despatch.


When returning an item, please re-use the original packaging if possible; otherwise please ensure goods are packaged sufficiently to prevent damage. Please include the completed returns form or a copy of your packing list, stating your returns number and what your wishes are for an exchange, replacement or refund. If you return an item without a returns number this may cause a delay in your request. We can only replace or refund on goods that are returned to us accompanied by a proof of purchase from Brolliesgalore, or with by means we can find your original order in our records.


Any refund given will be made automatically to your original order payment method (at the current rate of exchange for overseas orders).


When returning always obtain proof of posting as claims can then be made against the Post Office for loss or damage. We cannot refund or exchange goods that arrive back damaged or are lost in the post.


Please note: that we cannot credit for wind damage, this is a natural phenomenon and damages caused by the wind do not constitute a manufacturing fault. Also, we are not responsible if it does not rain on your special day, we are very pleased that the sun shone for you, but we cannot refund the umbrellas you did not need to use.


Your rights to return goods are protected under the EU Distance Selling Directive which can be found at http://www.hmso.gov.uk/si/si2000/20002334.htm


Returns - Replacement

We guarantee to replace or, if out of stock refund, faulty items. Simply notify us within the 3 days of delivery of the goods, we may ask you to take photograph of the damage and email it to us as proof and we can then send out a replacement faster. The item may have to still be returned to the manufacturer, if this is the case we will email you freepost address or arrange for the courier to re-collect the return.


If a Courier delivery arrives damaged or crushed, please do not sign for it or sign for it only as damaged container, let us know within 24 hrs, so we may arrange for the courier to collect the damaged item and return it to us.


Returns - Exchange

When returning an item for exchange, please call or email to check we have the item you want in stock and we can reserve the item for you and issue you with a returns number. Exchange items must be returned 'as new' with all original labels and packaging included. Please mark clearly what you would like as a replacement on the returns form or a covering note. Once we have received your return and processed your exchange, if there is any difference due we will contact you before despatch. Return costs cannot be refunded, but we will send out the exchanged item free of charge.


If you need the exchange item in a hurry then we would suggest you place a new order which we can then despatch straight away. Once we have received the returned item we will refund the item cost back to your original order payment method.


Returns The Right to Withdrawal

In accordance with the Distance Selling Regulations 2000, the customer has the right to a cooling off period of seven (7) business days, starting at the time goods are received, to cancel the contract and return said goods at their own expense, without having to give a reason.


To cancel your purchase, please phone or e-mail our customer service department quoting the order reference number and we will issue you with a returns number. If you cancel your order before despatch a full refund will be given. All goods must be returned to our Polbeth Address.


The cooling off period and right to cancel do not apply to proforma contracts (where we send you a proforma invoice before payment) and orders for any goods made or changed to your specification.


Only complete and unused goods in perfect condition for resale will be accepted, you must not use or open the items or remove the labels or plastic/cellophane pouches. No refunds or exchanges will be made for incomplete, damaged or unsealed goods, including damage to original packaging. The customer can exercise this right to withdrawal without penalty, excepting the return fee for the goods. If the customer exercises the right to withdrawal, they have the option of requesting a full refund or exchange of goods.


If the right to withdrawal is exercised, Naysmith Ltd will make every effort to refund the customer within 30 days.


Returns - Failed deliveries

If our courier or FedEx delivery is not picked up by the customer or if delivery is refused by the customer then the return charge made by the courier company or FedEx International will be deducted from any refund.

If an item is returned as undeliverable then we will make every effort to contact the customer to arrange redelivery, a further shipping charge may apply. If contact cannot be made then the order will be refunded less original shipping charge and return charges if any.


Liability

The total liability for any claim however arising shall not exceed the price of the goods supplied by Naysmith Ltd.


Data Protection and Privacy Policy

We understand the importance of protecting your contact information. All transactions that you place with us on this website are confidential. We only take information that is necessary to process your order and we will never pass on your personal information onto third parties, except contact details for order delivery purposes only.


This data will be treated in accordance with the Data Protection principles outlined in the Data Protection Act 1998.


Naysmith Ltd may contact you by e-mail with offers of goods or services or information that may be of interest to you. By providing us with your details you consent to being contacted by this method for these purposes. If you do not wish to receive e-mails from us, please tick the box in the checkout at point of confirmation


Credit Card Security

Our site is linked to MangoPay and PayPal secure servers, so you may use your credit or debit card with confidence and ease. When making payments by credit or debit card all the payment details are taken by MangoPay, unless you chose to pay via PayPal. Their secure online servers use the latest SSL encryption and the information is transmitted using very complicated logarithm combinations. If you prefer to order over the telephone, be rest assured that your payment details are destroyed as soon as we have finished processing your order. We do not retain any card details.


Cookie Policy

Cookies are only used on this website where it is necessary to process your order. Cookies are used on this shopping site to keep track of the contents of your shopping cart once you have selected an item. The cookies used by the system are only numerical ones, so no personal data is stored.


Guarantee

We guarantee your satisfaction. All our products come with a 7 day no quibble guarantee. If an item arrives faulty then inform us within 7 days and we will replace or refund.


Our product guarantee period is twelve months from the date of purchase, if repair is not possible we will replace the faulty item, the original date of purchase will still apply to the replacement.


Proof of purchase must be provided and the guarantee does not cover goods used inappropriately (i.e. for stage props). Every day wear and tear is not covered by our guarantee.


Please note: that we cannot credit for wind damage, this is a natural phenomenon and damages caused by the wind do not constitute a manufacturing fault. Also, we are not responsible if it does not rain on your special day, we are very pleased that the sun shone for you, but we cannot refund the umbrellas you did not need to use.


Warranty

The provisions hereof cannot deprive the customer of their right to legal warranty requiring Naysmith Ltd to protect the customer against latent defects of goods sold.


The customer is expressly informed that Naysmith Ltd is not the manufacturer of the goods presented on Brolliesgalore and that Naysmith Ltd shall not be held liable for defective goods.


In the case of damage to a person or property resulting from a product defect, only the product manufacturer shall be held liable and sought after by the customer, by means of the information provided on the packaging of said product.


All products sold on Brolliesgalore are under a one (1) year warranty. All products that have been modified or repaired by the customer or any other party not chosen by Naysmith Ltd are not covered by this warranty.


Right of Use

The use of any trademarks, logos or brands present on the site is strictly forbidden.


Site design, content text and graphics are the copyright of Naysmith Ltd or Shot to Stun Photography.


All original images/artwork on the Brolliesgalore website are the property of Naysmith Ltd and should not be reproduced, copied or published without the prior consent of Naysmith Ltd.


Product & Service Specifications

We reserve the right to alter specifications without prior notice. All sizes and weights given are as a guide only and are approximate. Representations of colour are approximate due to the limitations of photographic and calibrations of different output devices.


There may also be slight occasional differences such as handle finishes or slight length or span differences, where the manufactures have changed the specifications and have failed to inform us of the changes.


Although we do our best to ensure stock levels are correct, human error and product popularity may affect the true availability at the time of your order.


Care and Safety

You must ensure that all care and safety information that accompanies your purchase is maintained for future reference.


Validity Period of Offer and Prices

Our offers and prices are valid for the day the site is consulted and are subject to change without notice.

Force Majeure

Neither party will be deemed to be in breach of any of its obligations under the agreement as a result of any delay in performing or any failure to perform any such obligations by reason of any cause or event beyond the parties' control. A force majeure event includes, but is not limited to, any unforeseeable, inevitable, or unstoppable act, event, non-happening, omission or accident beyond the control of either party, despite all reasonable efforts made to the contrary. In addition to events usually recognized by the British courts, a force majeure event includes in particular (without limitation) the following: Strike, lock-out, earthquake, fire, storm, flood, lightning, explosion, impossibility of the use of public or private telecommunications networks.


In such circumstances, the party delayed or unable to perform ("Delayed Party") shall notify the other party ("Affected Party") within ten (10) business days following the date such events become known.


Unless prevented due to force majeure, both parties will meet within three months to examine the impact of the event and agree to the conditions under which the contract shall be continued. If the force majeure lasts longer than one (1) month, this agreement may be terminated by the injured party.


Partial Invalidity

These terms and conditions remain valid and in force, even if one or more clauses are invalid or declared so under any law, regulation or following the final decision of a competent court.


Non-Waiver

No failure of either party to exercise any power given to it in these terms and conditions or to insist upon strict compliance by the other party with its obligations hereunder shall constitute a waiver of either party's right to demand exact compliance with the terms hereof.


Applicable Law and Competent Jurisdiction

In form and content, these Terms and Conditions shall be governed by and construed in accordance with Scottish law. All orders placed on Brolliesgalore strictly imply the acceptance of Naysmith Ltd's terms and conditions.


In case of dispute or claim, the customer agrees to seek an amicable solution with Naysmith Ltd before proceeding with any legal action. In the event where such a solution cannot be found, any disputes concerning the sale (price, Terms and Conditions, products, etc.) will be subject to the exclusive jurisdiction of the Scottish courts.