Terms & Conditions

Thank you for visiting www.burningbrands.co.uk which is owned by Burning Brands Limited. Please read these Terms and Conditions carefully as they constitute a binding legal agreement between you and Burning Brands Limited. When using this website or ordering goods from this site by any means, you acknowledge that you have read, understood and agree to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, then you must not use this website or order goods from this site. Before proceeding with an order, you will be required to indicate that you have read and understood the following Terms and Conditions.

1. Ownership

1.1 As outlined above, this site is owned by Burning Brands Limited and operated on their behalf by Retro Activewear Ltd.

1.2 All copyrights and other intellectual property rights in this website are owned by us or our licensors unless otherwise indicated. Any unauthorised use, copying or modification without our consent is prohibited.

2. Your Use of the Website

2.1 The Website is made available for your personal, non-commercial use only, which includes the printing and downloading of content for personal use, except where otherwise authorised by us. You may not reproduce any part of this website without our permission.

2.2 Unauthorised commercial use of this website is strictly prohibited.

2.3 You may link to our website only on the basis that you do not in any way imply that we are endorsing you, your content, or your products, unless you have our explicit written permission.

3. Buying Goods

3.1 All orders placed through our website are subject to availability, confirmation of the order price, and our acceptance of the order.

3.2 When you submit an order to us, you will receive an order confirmation email/invoice of your order stating that we are processing your order. You will then receive a second email from us when your order has been dispatched and giving you estimated timescales for delivery. The contract between us is only to be considered accepted upon receipt of the second email.

3.3 You should check all emails for accuracy and inform us immediately if there are any errors. Burning Brands Limited is not liable to replace or refund your order if your order does not deliver to you as a result of inaccurate address information being supplied by you.

3.4 All images of our products on our website are for example only, and the actual goods may vary slightly from the image shown on the website. The goods will not contain any of the accessories shown in the images unless specifically stated in the description of the goods. While we make every effort to display the products on our website accurately, we cannot guarantee the colours shown by your monitor will accurately reflect the true colours of the product.

3.5 We make every effort to ensure that all the product descriptions, details, and prices are correct and up to date. However, if we discover an error in the description, details, or price of a product you have ordered, we will contact you regarding the error to give you the option of confirming the change to the order or cancelling the order at your discretion. If you have paid for the original order and then cancel it following the change, you will receive a full refund. If we are unable to contact you within 14 days, the order will be treated as cancelled.

3.6 Burning Brands Limited may issue promotional codes that enable customers to obtain benefits such as discounts, free delivery and free gifts. These codes are non-transferable and must only be used in accordance with their terms and conditions of use. If we find that you are not entitled to use the code or do not meet all the terms and conditions of its use, we may reject your order or alternatively process it without the promotional benefit being applied. If we find that you were not entitled to use the code or did not meet all the terms and conditions of its use after taking payment for the order, we may reverse the benefit that you obtained and require payment of the difference where appropriate.

3.7 You are responsible for all purchases made on your account and are personally liable for the full outstanding balance.

4. Processing your Orders and Payment

4.1 All prices shown on our website are inclusive of VAT.

4.2 Delivery charges will be shown prior to the placement of your order.

4.3. We will take payment details from you at the time you place your order on our website. If you pay using PayPal, you will be taken to an external webpage for payment, and then returned to www.burningbrands.co.uk. If you pay using a credit or debit card, we use secure payment services.

5. Cancellations and Returns

5.1 An order may be cancelled up the order is dispatched, and will be refunded in full. To cancel an order, email us via our Contact Us page. After dispatch, the cancellation of an order will be treated as a request for a refund.

5.2 Garments may be returned to us for a refund within 14 days of the date of dispatch as stated on your dispatch email. All items to be refunded must be returned to us before you become eligible for any refund or replacement.

5.3 Refunds will be made using the same method by which the original payment was received by us.

5.4 If the goods you received are faulty or incorrect, please advise us on the Returns form.

5.5 All returned garments must be unwashed, unworn, unmarked, and unstained, and deemed by us to be in a suitable condition for resale before a refund is issued.

5.6 Delivery charges are not refundable.

5.7 All goods must be returned to us at your own expense and you are responsible for the goods until we receive them.

5.8 The returns policy does not cover any goods that cannot be returned for hygiene reasons.

5.9 Your Statutory Rights as a customer are not affected by our returns policy.

6. Delivery

6.1 All goods will be delivered to the address specified on the order using either a courier or by Royal Mail. We accept no liability for any delay or failure to deliver the products except in cases of our own negligence or misconduct.

6.2 It is the responsibility of the customer to ensure the delivery details supplied to Burning Brands Limited/Retro Activewear Ltd are correct, and we accept no liability for any loss of goods due to incorrect delivery details.

6.3 All delivery estimates are considered non-binding, and are liable to change without warning.

6.4 All items are subject to stock availability. In the event that we are unable to supply the goods, we will inform you of this as soon as possible. A refund or a replacement will be given on request where you have already paid for the goods.

6.5 If your parcel is returned to us as undeliverable, we will contact you to arrange a re-delivery. Re-delivery of an order may be subject to a new delivery charge.

7. Intellectual Property

7.1 All intellectual property rights in the website, including the trademarks, copyrights, design, text, graphics, the selection and arrangement thereof and all software are the property of Burning Brands Limited unless otherwise indicated. Burning Brands Limited reserves all of its rights.

7.2 You may not reproduce in any way, shape, or form, modify, or create derivative works from material on www.burningbrands.co.uk, nor may you sell or participate in any sale of, or exploit in any way, in whole or in part, the material at www.burningbrands.co.uk without our written permission.

7.3 If you believe that any material published in this website infringes any intellectual property rights, please report it to us using the email form on the contact page, including an identification of the specific material that is claimed to be infringing and providing sufficient information to permit us to contact the complaining party.

8. Visitor Conduct

8.1 It is your responsibility to comply with all relevant laws which may apply for your use of this website and to any material you post on this website, including but not limited to laws relating to acceptable content, online conduct and the export of data.

8.2 Failure to comply with all applicable laws or these Terms and Conditions may result in deletion of any comments or post by you, suspension of such posting privileges and/or banning from the website.

8.3 If you are using this website as a representative of a company or other entity, you must have the authority to agree to these Terms and Conditions on behalf of that company or entity, and agree that the terms “you” and “your” in these Terms and Conditions refers to your company or other entity.

8.4 If you register an account with the site, you will be asked to choose a username and password. You may not create a username that includes profanity, promotes or endorses illegal activity, misrepresents your relationship to Burning Brands Limited/Retro Activewear Ltd, or infringes any copyright or trademark. You are responsible for all activities occurring under this username, for ensuring that all your passwords remain confidential, and your account is not used by anyone else. We reserve the right to alter usernames at our discretion and without prior notice.

8.5 You will notify us immediately if you become aware of any unauthorised use of your account.

8.6 We reserve the right to log off or deactivate accounts that are inactive for an extended period of time.

8.7 We will not be liable for any loss that you may incur as a result of someone else using or accessing account, either with or without your knowledge.

8.8 You may be held liable for losses incurred by us or any other party as a result of someone else using or accessing account if you have not taken reasonable steps to keep your account secure.

8.9 If we believe that you have not complied with these Terms and Conditions, we may, at our absolute discretion, delete posts by you or suspend/terminate your account without prior notice for any reason and you shall not be entitled to any compensation in respect of this.

8.10 These Terms and Conditions, including the indemnities contained herein, shall survive any suspension or termination of your account.

8.11 You are entirely responsible and liable for the contents of any comments you post on the site. Burning Brands Limited and Retro Activewear Limited or their owners have no liability whatsoever for any comments posted on its websites by users. Any views or comments expressed in the user posts are not necessarily the views of Burning Brands Limited/Retro Activewear Limited, its owners or any entity associated with it. Burning Brands Limited/Retro Activewear Limited are not responsible for and do not endorse the contents of user’s posts or guarantee the accuracy, truthfulness, legality, or reliability of user’s posts.

8.12 You agree to fully indemnify Burning Brands Limited/Retro Activewear Limited in event of any and all legal proceedings, and causes of action thereby associated, being brought against Burning Brands Limited/Retro Activewear Limited, or any its associated personnel or entities, as a consequence of your posting a comment which is in breach of these Terms and Conditions, and/or applicable law.

8.13 When using this service, you agree not to post any material which:

1. Violates the criminal law; Promotes or encourages illegal activity;

2. Bullies, intimidates, or harasses any other user;

3. Is sexist, racist, homophobic, offensive on the grounds of religion, nationality, or demographic group.

4. Post personal information about other users without that user’s explicit permission.

5. Is defamatory, invasive of privacy, abusive, harassing, threatening, profane, violent, sexually explicit, or which otherwise violates the rights of others;

6. May prejudice ongoing civil or criminal proceedings, violate the sub judice rule or may otherwise amount to a contempt of court;

7. Infringes the copyright, patent, trade mark, trade secret, database right, right of privacy or publicity or other proprietary or intellectual property right of any party;

8. Includes any spam, unauthorised advertising, or any other form of commercial publicity;

9. Uses the site for commercial purpose, including, without limitation, submitting any material to solicit funds or to promote, advertise or solicit the sale of any goods or services;

10. Is irrelevant, repetitive or imposes an unreasonable or disproportionately large load on the site servers, bandwidth or infrastructure;

11. Falsely claims to be sponsored or endorsed by Burning Brands Limited/Retro Activewear Limited;

12. Encourages or facilitates any violations of these Terms and Conditions;

13. Contains any virus, Trojan horse, worm or similar harmful and/or disruptive material.

8.14 Burning Brands Limited/Retro Activewear Limited cannot and is not required to review the contents of posted comments, or to confirm, or guarantee, the validity of information of a post.

8.15 Burning Brands Limited/Retro Activewear Limited do not actively monitor users’ comments, and is not responsible for users’ comments. By using the website you acknowledge that Burning Brands Limited/Retro Activewear Limited has no obligation to pre-screen, monitor, review or edit any content posted by you and other users on this site. Users may bring any comment they deem offensive or objectionable to our attention by clicking on the “report comment” link beside the relevant comment and identifying the specific material that they consider is objectionable. You will be asked to give your reasons for wanting the comment removed.

8.16 If you believe that any content on www.burningbrands.co.uk contains a defamatory statement, please notify us immediately by sending an email to us using the email form found on the contact page: https://www.burningbrands.co.uk/contact. Burning Brands Limited/Retro Activewear Limited, operates on a "notice and takedown" basis. Once this notification has been received, Burning Brands Limited/Retro Activewear Limited, will make all reasonable endeavours to remove the defamatory content complained about within a reasonable time.

8.17 We reserve the right to remove, refuse to publish, or alter any content you post on our site that comes to our attention via a complaint or otherwise. Commenters who repeatedly flout our Terms and Conditions will be barred from posting comments on this site.

8.18 Burning Brands Limited/Retro Activewear Limited operates on a “three- strikes-and-you’re-out basis”: if we have to remove three comments posted by you, you will be blacklisted. You will not necessarily be notified when comments are removed.

8.19 Burning Brands Limited/Retro Activewear Limited reserves the right to immediately ban a user if there has been a serious breach of these Terms and Conditions. All decisions in relation to these matters are carried out at the sole discretion of Burning Brands Limited/Retro Activewear Limited.

8.20 Burning Brands Limited/Retro Activewear Limited assumes no responsibility for the deletion or the failure to store comments or other information posted on its site by you or other users of this site.

8.21 Burning Brands Limited/Retro Activewear Limited reserves the right to reveal your identity (and/or all the information it knows about you) in the event of a complaint or legal action arising from any content posted by you on this site.

8.22 By posting any material on this site, you grant us a licence to use, and/or modify that material in any way we see fit. The licence you grant to us is non- exclusive, royalty free and fully paid, sub-licensable, and worldwide. You waive to the fullest extent of the law any moral rights in such material. You are responsible for ensuring that you have all the necessary rights to grant the above license for all content you post. You also agree that by posting such material, you have not violated the privacy rights, publicity rights, intellectual property rights, or any other rights of another person, and will pay any and all monies owing to another person because of material posted by you.

9. Availability of Service

9.1 Burning Brands Limited/Retro Activewear Limited may at our sole discretion and at any time change the content of our website, or discontinue www.burningbrands.co.uk or any part thereof, temporarily or permanently, with or without notice.

9.2 You agree that any termination of access to the site under any provision of these Terms and Conditions may be effected without notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the site.

9.3 We will use reasonable efforts to give users fair notice of technical difficulties or termination or suspension of their access to www.burningbrands.co.uk. However we shall not be liable to you or any third party for any inability to access the site, termination or suspension of access to the site or modification of the service provided.

10. Entire Agreement / No Waiver

10.1 The Terms of Use applicable to ordering goods, Terms and Conditions applicable to using the website, our Privacy Statement and our Comments Policy make up the entire agreement between you and Burning Brands Limited/Retro Activewear Limited and supersede any prior agreement.

10.2 Any amendment to or waiver of this agreement by you must be in writing and signed by our authorised representatives. Failure to enforce any provision of this agreement shall not amount to a waiver of such provision.

11. Severability If any provision of these Terms and Conditions is found to be void, invalid or unenforceable the remaining provisions will continue to be of full force and effect.

12. Governing Law These Terms and Conditions shall be governed and interpreted in accordance with the laws of the United Kingdom and you agree to consent to the exclusive jurisdiction of the English courts in all matters regarding these Terms and Conditions and your use of www.burningrubber.london.

13. Change to the Terms and Conditions We may change, modify, add to or delete portions of these Terms and Conditions at any time. We will post a notice of these changes on our website, and any amendments will automatically become effective and will supersede any previous agreements, understandings, or representations regarding the matter. It is your responsibility to regularly review the Terms and Conditions of this site, and your continued use of this site is deemed to be acceptance of these Terms and Conditions and any changes thereto.

14. Disclaimer of Liabilities

14.1 We make every effort to ensure that all content posted by us on our website is correct at the time of posting, that all products purchased through this website correspond with their relevant descriptions on the website, and that the products are of satisfactory quality and fit for their intended use. However, the accuracy, completeness, suitability, or fitness for purpose of this content is in no way represented or guaranteed. Information on the site is not intended for use as advice upon which reliance should be placed. We disclaim all liability and responsibility arising from any reliance placed on this material by any user, or by anyone who may be informed of any of its contents.

14.2 Except in the case of death or personal injury due to our negligence, our fraudulent action, or as the result of any other applicable law, our total liability to you for any losses suffered by you will be limited to either the amount paid by you for the purchase of the relevant product, or to the provision of a replacement of the product concerned (where the original is returned to us).

14.3 Burning Brands Limited/Retro Activewear Limited do not review third party websites, and takes no responsibility for either the content or the security of third party sites linked to our website.

14.4 We do not guarantee that this site or any of its contents is virus free, and accept no responsibility for any infection of your computer system by virus or other contamination or by anything which has destructive properties.

15. Liability

15.1 Under no circumstances shall Burning Brands Limited/Retro Activewear Limited be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond our reasonable control.

15.2 Under no conditions and in no event shall Burning Brands Limited/Retro Activewear Limited be liable for any direct or indirect, incidental, consequential, special or exemplary damages or loss howsoever arising, (including but not limited to negligence or breach of these Terms and Conditions or otherwise) or for any loss of data, profit, revenue, goodwill or business howsoever caused even if that loss or damage was foreseeable by us, or the possibility of it was brought to our attention.

15.3 You acknowledge that your use of www.burningbrands.co.uk including any material downloaded or otherwise obtained through the site is at your own discretion and risk and you agree to waive to the fullest extent permissible by law any right to bring any claim or action against Burning Brands Limited/Retro Activewear Limited, our investors, successors, subsidiaries, affiliates, co-branders, contractors, employees, servants, contributors, third-party advertisers, technology providers, service providers or other partners, and each of their respective officers, directors, agents, shareholders, employees and representatives, for any loss, damage, costs or injury arising from such use.

16. Indemnity

16.1 You agree to indemnify, defend (at the request of Burning Brands Limited/Retro Activewear Limited) and hold harmless Burning Brands Limited/Retro Activewear Limited, its investors, successors, subsidiaries, affiliates, co-branders, contractors, employees, servants, contributors, third- party advertisers, technology providers, service providers or other partners, and each of their respective officers, directors, agents, shareholders, employees and representatives, from and against any claim, demand, loss, damage, cost, or liability including reasonable legal expenses, made or brought by any third party due to or arising out of:

1. Your use of www.burningbrands.co.uk or any part thereof;

2. The violation of these Terms of Use, our Privacy Policy and our Comments Policy by you;

3. The infringement or misappropriation by you, or a third party using your computer, of any account or password to access and/or use www.burningbrands.co.uk;

4. The infringement by you of any intellectual property rights.