Online Shop Terms & Conditions

Important: These Terms & Conditions apply to the purchase of products from the Online Shop only

This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (Products) listed on our website (our site) to you.  Please read these terms and conditions carefully and make sure that you understand them, before ordering any Products from our site.  You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.

You should print a copy of these terms and conditions for future reference.

This page should be read in conjunction with our General Information and Payment, Delivery and Returns policy.

Please click on the button marked "I have read, understood and agree to the Brandon Hire Terms and Conditions" at the end of the checkout process if you accept them. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our site.

    1. We operate our site. We are Brandon Hire Limited, a company registered in England and Wales under company number 1008351 and with our registered office at 72-75 Feeder Road, St Philips, Bristol BS2 0TQ. Our VAT number is 997 320 973.
    1. We do not accept orders from customers based outside the UK.
    1. By placing an order through our site, you warrant that you are legally capable of entering into binding contracts and that you are at least 18 years old.

      For the purposes of these terms, you are contracting as a consumer if, and only if, you are an individual (as opposed to a company or other legal entity) and you are not ordering a Product in connection with a business.
    1. After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product is ready for collection from the collection outlet specified by you when ordering the Product (Order Confirmation). The contract between us (Contract) will only be formed when we send you the Order Confirmation.
    2. The Contract will relate only to those Products whose dispatch we have confirmed in the Order Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Order Confirmation.
    3. You must collect the Products within seven days of the date we sent you the Order Confirmation. If you do not do this then we may cancel your order.
    1. We may also provide links on our site to the websites of other companies, whether affiliated with us or not. We do not give any undertaking or warranty regarding products or services you purchase from third party sellers through our site, or from companies to whose website we have provided a link on our site.
    1. If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products, less any collection charges - in accordance with our refunds policy (set out in clause 10 below and in our Payment, Delivery and Returns policy).
    2. To cancel a Contract under clause 6.1, you must inform us in writing. Once you have informed us, you must return the Products to us as soon as reasonably practicable, and at your own cost. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
    3. All returns must be returned to the Brandon Hire branch they were collected from. Please see our Payment, Delivery and Returns policy for more information.
    1. The Products will be your responsibility, and at your risk, from when they are collected by you.
    2. Ownership of a Product will only pass to you when we receive full payment of all sums due in respect of that Product.
    1. You must at all times keep your password and customer username confidential and you must notify us immediately of any unauthorised use of your customer username or password, or of any breach of security known to you. We can require you to change your customer username and/or password for security reasons at any time.
    2. You must notify us immediately if any employee who has been provided with an individual customer username and password ceases to be employed by you in order that we can disable the account.
    3. You are responsible for all activities which occur under your customer username and password, or under your employee's customer username and password, save where such activities occur as a result of our negligence or fault.
    1. The price of the Products and our delivery charges will be as quoted on our site at the time you place your order, except in cases of obvious error.
    2. Product prices are displayed excluding VAT and VAT will be added at the basket/checkout. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
    3. Product prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you an Order Confirmation.
    4. Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you that we are rejecting it.
    5. If the pricing error is obvious and unmistakeable and could have reasonably recognised by you as an error, we do not have to provide the Products to you at the incorrect (lower) price.
    6. Payment for all Products must be made using the WorldPay payment gateway. We accept payment with all major credit cards.
    7. For the avoidance of doubt, no credit facility is available in respect of orders through our site (even if we have previously agreed with you a credit facility in respect of goods ordered or hired otherwise than through our site).
    8. If you are contracting as a consumer then we may charge interest of any sums not paid by the due date for payment at a rate of 2.5% above the base rate of the Bank of England (both before and after judgment/decree).
    9. If you are not contracting as a consumer then:
      • Interest on the amount unpaid (both before and after judgment/decree) shall be the greater of 2.5% above the base rate of the Bank of England and the rate calculated in accordance with the Late Payment of Commercial Debts (Interest) Act 1998. The Supplier may also exercise its statutory right to claim compensation charges ranging from £40 to £100, depending on the amount overdue, under the Late Payment of Commercial Debts (Interest) Act 1998.
      • You must pay all sums due to us under this Contract without any set-off, deduction, counterclaim and/or any other withholding of monies.
    10. Clauses 9.8 and 9.9 will not normally apply as we usually take payment before you collect your order.
    1. If you return a Product to us:
      • because you have cancelled the Contract between us within the cooling-off period (see clause 6.1 above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day on which you gave us notice of cancellation. In this case, we will refund the price of the Product in full. However, you will be responsible for the cost of returning the item to us, and if you fail to do so, and we have to collect it from you, we will deduct the direct costs of doing so from your refund.
      • for any other reason (for instance, because the Product is defective), we will examine the returned Product and will notify you of any refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund. We will refund the price of a defective Product in full, and any applicable delivery charges and any reasonable costs you incur in returning the item to us.
    2. We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
    3. More information about returns and refunds is set out in our Payment, Delivery and Returns policy.
    1. We warrant to you that any product purchased from us through our site will, on delivery and for the following 6 months, conform in all material respects with its description, be of satisfactory quality, and be reasonably fit for all the purposes for which products of that kind are commonly supplied.
    2. The following does not apply where you are contracting as a consumer: Subject to clause 11.1, all warranties, representations, terms, conditions and duties implied by law relating to fitness for purpose, quality and/or adequacy are excluded to the fullest extent permitted by law.
    1. This clause 12.1 does not apply if you are contracting as a consumer. Subject to clause 12.3, our total aggregate liability (whether for breach of contract, tort (including negligence), breach of statutory duty or otherwise) to you will not exceed the purchase price of all Products you have ordered under the Contract to which the liability relates.
    2. Subject to clause 12.3, we will not be liable (whether for breach of contract, tort (including negligence), breach of statutory duty or otherwise) for losses that result from our failure to comply with these terms and conditions that fall into any of the following categories:
      • loss resulting from any inability to carry out any operations. For example, we shall not have any liability if you cannot complete a task because we supplied the wrong Product;
      • loss of use of plant or machinery or premises. For example, we shall not have any liability for your inability to use any construction equipment you have hired because we supplied the wrong safety equipment;
      • loss of income or revenue;
      • loss of business;
      • loss of profits;
      • loss of anticipated savings;
      • loss of data; or
      • wasted management or office time.

      However, this clause 12.2 will not prevent claims for loss of or damage to your physical property that are foreseeable or any other claims for direct loss that are not excluded by categories (a) to (h) inclusive of this clause 12.2.
    3. Nothing in this agreement excludes or limits our liability for:
      • death or personal injury resulting from negligence;
      • fraud or fraudulent misrepresentation;
      • any breach of the obligations implied by section 12 of the Sale of Goods Act 1979;
      • defective products under the Consumer Protection Act 1987; or
      • any other matter for which it would be unlawful for us to exclude or attempt to exclude our liability.
    4. Subject to clause 12.3 we shall have no liability (whether for breach of contract, tort (including negligence), breach of statutory duty or otherwise) for additional damage, loss, liability, claims, costs or expenses caused or contributed to by a defect in a Product as a result of your continued use of the Product after the defect has become apparent or suspected or should reasonably have become apparent to you.
    1. Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
    1. The contract between you and us is binding on you and us and on our respective successors and assignees.
    2. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
    3. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
    1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under the Agreement that is caused an Event Outside Our Control provided that We tell You that an Event Outside Our Control has happened.
    2. An Event Outside Our Control means:
      • any act, event, non-occurrence, omission or accident beyond our reasonable control; and
      • any of the following to the extent that it is beyond our reasonable control: change in the law, acts of God, flood, drought, earthquake, windstorm or other disaster; epidemic or pandemic or a realistic prospect of either; outbreak of Swine Flu, Avian Flu, or any similar disease; terrorist attack, civil war, civil commotion or riots; change in law; fire, explosion or damage; loss during transport; adverse weather conditions (including unusual temperatures); interruption or failure of utility service, including, but not limited to, electric power, gas or water; any labour dispute, including, but not limited to, strikes, industrial action or lockouts; non-performance by suppliers or subcontractors; collapse of building structures; or failure to obtain raw materials, failure of machinery, computers or vehicles.
    3. Our obligations under the Agreement will be suspended for the period that the Event Outside Our Control continues, and the time we have to perform these obligations will automatically be extended by that period. We will take reasonable steps to prevent an Event Outside Our Control from happening in the first place, to bring the Event Outside Our Control to a close or to find a solution by which our obligations can be performed despite the Event Outside Our Control.
  16. WAIVER
    1. If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
    2. A waiver by us of any default will not constitute a waiver of any subsequent default.
    3. No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
    1. If any court or competent authority decides that any of the provisions of these terms and conditions or any provisions of a Contract are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.
    1. These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangements, understandings or agreement between us relating to the subject matter of any Contract.
    2. You and we each acknowledge that, in entering into a Contract, neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.
    3. If you are not contracting as a consumer then the only liability which you or we will have in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.
    4. Nothing in this clause 18 limits or excludes any liability for fraud.
    1. Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the exclusive jurisdiction of the courts of England and Wales.
    1. A person who is not party to these terms and conditions or a Contract shall not have any rights under or in connection with them whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
    1. Upon expiry or termination of the Contract the provisions of clauses 3 (your status); 5 (our status); 6 (consumer rights and returns); 7 (risk and title) 8 (your username and password); 9 (price and payment); 10 (our refunds policy); 11 (warranty); 12 (our liability); 13 (written communications); 14 (transfer of rights and obligations); 15 (events outside our control); 16 (waiver); 17 (severability); 18 (entire agreement) 19 (law and jurisdiction); 20 (third party rights); and 21 (consequences of termination).

Brandon Hire Limited
Registered Office: 72-75 Feeder Road, St Philips, Bristol BS2 0TQ
Registered England 1008351 | VAT Number 997 3209 73