General Terms
1. Introduction
1.1. V Creative Ventures Limited (we, us, our) is a limited company, with its registered office at 7 Savoy Court, London WC2R 0EX, registered in England and Wales with company number: 11267514 and VAT number: 334775579. We trade under the name Brillig & Borogove. Brillig & Borogove is a registered trade mark (Registration No. UK00003782948) in our name.
1.2. We are engaged in the following trade activities:
1.2.1. the marketing and selling of pre-used/second-hand home decoration objects, including works of art, paintings, sculpture, antiques, collectibles, furniture, tapestries (Second-Hand Items); and
1.2.2. the marketing and selling of bespoke, personalised, custom made, print-to-order and made-to-order products including but not limited to stationery, wallpapers, wall murals, wallcoverings, textiles, home and lifestyle products, linens, home furnishings made to your specification and/or measurements (Made-to-Order Products) and pre-printed ex-stock of stationery, wallpapers, wall murals, wallcoverings, textiles, home and lifestyle products, linens, home furnishings.
1.3. You, as a buyer (you, your) can find everything you need to know about us and our products and items on our website, https://www.brilligandborogove.com/ or from us before you order. We also confirm the key information to you in writing after you order by email.
1.4. Please read these Conditions of Sale carefully. These Conditions of Sale apply to the sale of any Made-to-Order Product or Second-Hand Item that you may purchase from us in person at an exhibition, trade event or any other physical location (In Person Sales), using our website, any associated mobile or digital applications, via e-mail communication made with contact@brilligandborogove.com, sales@brilligandborogove.com or enquiries@brilligandborogove.com, social media, phone or any other means of digital or at a distance communication (Remote / Digital Sales), (In Person Sales and Remote / Digital Sales together being the Sales Channels).
Before placing an order for any of our product or item, you agree to these Conditions of Sale. If you do not agree to these Conditions of Sale, then you must not order any product or item through the Sales Channels.
1.5. By placing an order through any of our Sales Channels, you agree to be bound by the Terms of Use, Delivery Policy and Returns and Refund Policy, the terms of which are incorporated into these Conditions of Sale. Please also see our Privacy Policy which explains how your personal information is used and our Cookie Policy which describes how we use cookies and similar technologies.
1.6. We may make changes from time to time to these Conditions of Sale so please check back regularly to keep informed of updates. Any new version of these Conditions of Sale shall take effect immediately upon the date of posting and will govern any orders of products made as from that date. Any changes to the Conditions of Sale made after you have placed an order will not affect that order and your relationship with us, except as may be required by applicable law.
2. When you buy from us you agree that:
2.1. We only accept orders when we have checked them.
2.2 All orders are subject to availability and final acceptance and confirmation by the Company Director.
2.3. Sometimes we reject orders.
2.4. We charge you when you place the order (unless stated otherwise).
2.5. We charge interest on late payments.
2.6. We pass on some increases in VAT.
2.7. We are not responsible for delays outside our control.
2.8. Made-to-Order Products/Second-Hand Items can vary slightly from their pictures.
2.9. You are responsible for making sure your measurements are accurate and the installation of a product(s) or item(s).
2.10. You must be 18 years old or older to purchase our product(s) or item(s).
2.11. You have a legal right to change your mind except in relation to any Made-to-Order Products or In Person Sales, which are non-refundable.
2.12. You have rights if there is something wrong with your order.
2.13. We can change our product(s) and item(s) and these terms.
2.15. We can suspend supply (and you have rights if we do).
2.16. We can withdraw product(s) or item(s)
2.15 We can end our contract with you
2.16 We do not compensate you for all losses caused by us or our product(s) or item(s).
2.17. You have several options for resolving disputes with us.
3. We only accept orders when we have checked them
3.1. All orders placed through any of our Sales Channels are subject to availability and final acceptance and written confirmation by the Company Director. No contract shall be formed until such confirmation has been communicated to you in writing (which will normally include the issue of an official commercial invoice). We reserve the right to reject any order at our sole discretion, for example due to stock availability, pricing errors, suspected fraud, or for any other reason.
3.2. We will first contact you to acknowledge receipt of your order. We will then contact you again once the order has been reviewed and accepted by the Company Director.
3.3. To confirm the order, we will conduct our usual credit, anti-fraud, security, anti-money laundering and other legal checks where applicable. Only if these checks are satisfactory will we accept the order and issue an official commercial invoice.
4. Sometimes we reject orders
Sometimes we reject orders, for example, because a product(s) or item(s) is unexpectedly out of stock, we have imposed a limit on quantities that can bought by any one person or because the product(s) or item(s) was mispriced by us. When this happens, we let you know as soon as possible and refund any sums you have paid. We may also reject your order if there is an ongoing dispute concerning payment of a prior order or if we suspect, in our sole discretion, that you have engaged in (i) fraudulent activities; or (ii) have otherwise violated these Conditions of Sale.
5. We charge you when you order a product(s) or item(s) unless otherwise stated on our website
5.1. All payments must be made in Pounds Sterling (£) using the methods of payment identified at the point of sale which may be subject to third party terms and conditions. Depending on the payment method, we may require additional information such as specific forms of identification.
5.2. All our prices are exclusive of any packaging, shipping and delivery costs and other taxes such VAT that might be applicable. Shipping and Delivery charges, if any, are described in the Delivery Policy on our website.
5.3. For any Made-to-Order products, we will confirm the order with you first via email and issue a pro-forma invoice with details of your order and payment date. Your order will be subject to full payment of the pro-forma invoice issued by us.
5.4. You will own your product(s) or item(s) once we have received payment in full and it has been delivered to you. Risk of loss or damage to the product(s) and item(s) passes to you upon delivery (or upon collection if In Person Sales).
6. We charge interest on late payments
If we are unable to collect any payment you owe us we charge interest on the overdue amount at the rate of 3% a year above the Bank of England base rate from time to time. This interest accrues on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You pay us the interest together with any overdue amount.
7. We pass on some increases in VAT
7.1. We charge you the applicable rate of VAT for all wallcoverings, wallpapers and textiles (including Made-to-Order, bespoke and custom printed wallpapers and textiles) ordered in or to the United Kingdom.
7.2. All Second-Hand Item(s) are sold under the Margin Scheme in the United Kingdom unless otherwise stated on our website.
7.3. If the rate of VAT changes between your order date and the date we supply the product(s) or item(s), we adjust the rate of VAT that you pay, unless you have already paid in full before the change in the rate of VAT takes effect.
7.4. Orders outside the United Kingdom may be subject to other applicable taxes.
8. We are not responsible for delays outside our control
8.1 Our delivery lead time is dependent on the type of product(s) or item(s) you order. We will confirm the estimated delivery time to you when your order is shipped. Kindly check our Delivery Policy for full details.
8.2. If the supply of your order is delayed by an event outside our control such as postal strikes or delays in any third party courier services, we contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we do this, we will not compensate you for the delay, but if the delay is likely to be more than 30 days you can contact our Customer Service Team: contact@brilligandborogove.com to end the contract and receive a refund for any product(s) you have paid for, but not received.
8.3. It is your sole responsibility to obtain any necessary export, import, or other licences, permits, or clearances required for the purchase and shipment of goods from us.
8.3.1. We will use reasonable endeavours to supply any documentation in our possession, but we accept no liability for any delays, costs arising from your failure to obtain such licenses, permits or clearances or delay or refusal by any authority to grand such licenses, permits or clearances.
8.3.2. A sale cannot be rescinded, cancelled, or refunded where you have failed to take reasonable steps to obtain such licenses, permits or clearances. on the grounds that any required export or import licence or clearance cannot be obtained or is delayed.
8.3.3 Nothing in this clause 8.3 shall operate to exclude or restrict any rights
you may have under applicable law that cannot be excluded or restricted by
contract.
9. Products can vary slightly from their pictures
9.1. A Made-to-Order product's true colour may not exactly match that shown on your device or in our marketing or its packaging may be slightly different. Photographs of Second-Hand Items are for illustrative purposes; actual items may vary slightly in tone/condition due to age and lighting.
9.2. If you are re-ordering a Made-to-Order product, please contact us via email to confirm the batch number and we will endeavour to match the colouring (if reasonably possible).
9.3. Our Made-To-Order products are either produced and printed for us by third party manufacturers and specialist printers upon order and every effort is made to ensure that the wallpapers we supply correspond as closely as possible to the samples displayed. However, all sizes, dimensions and measurements indicated on our website can be out by up to 3% and may differ in qualities and weight depending on the substrate and ink.
10. All Second-Hand Items are sold 'As Seen'.
10.1 All Second-Hand Items are sold as seen. Any Second-Hand Item that in our opinion has a flaw or an imperfection, we will provide information and description of the nature of the flaw or imperfection. Any information or description should not be relied on as a substitute for a personal inspection, as given the age of second-hand items, it may not be possible for us to give a full account for all imperfections, wear, tear or damage. We do not offer or provide any repair service or restoration work for any such pre-existing damage or fault or imperfection.
10.2. We make no representations and give no warranties as to the quality, condition, state or the fitness or suitability for any purpose of any of the Second-Hand Items sold by us. We are not professional conservators or restorers or valuers or appraisers and therefore any opinion or condition report provided by us is provided as a guide only. The buyer should consult with a professional restorer or conservator of their own choice who will be better able to provide a detailed, professional report on the nature and quality and condition of the item.
10.3. Some of our Second-Hand Items such as pre-1947 furniture may contain specimens (including certain species of mahogany or rosewood) listed under the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). We will take reasonable steps to identify such specimens and, where we believe an item may qualify for a relevant CITES antique exemption, we will endeavour to indicate this in the item
description and provide any supporting documentation in our possession. It is your responsibility to verify and comply with any CITES regulations, as well as all other import or export requirements as per clause 8.3, in your own country or jurisdiction before purchasing.
11. You're responsible for making sure your measurements are accurate and for the installation of the product(s) or item(s).
11.1 If we are making or supplying a product to measurements you provide, for example for any Made-to-Order Products, you are responsible for making sure those measurements are correct.
11.2 All of our Made-to-Order products are meant for interior use unless otherwise stated. It is your responsibility to ensure that the Made-To-Order product is fit for any other end use.
11.3 Please consult our website for our guide on how to hang our wallpapers and wallcoverings. We recommend that all wallpapers be hung by a professional and qualified decorator. It is your responsibility to ensure that the environment is suitable for the wallpaper/wallcovering. Site conditions are beyond our control.
11.4 The information given in our wallpaper hanging/installation guide is for guidance only and is provided in good faith.
12. You must be 18 years old or older to purchase any of our products and items.
13. Made-to-Order Products are non-refundable. You do not have a legal right to change your mind in relation to any Made-to-Order Products. You do not have a legal right to change your mind in relation to any Made-to-Order Products except if we make any significant changes as per clause 15.2.
14. You have rights if there is something wrong with your product or item.
14.1 If you think there is something wrong with your product or item, you must contact our Customer Service Team: contact@brilligandborogove.com. We honour our legal duty to provide you with products and items that are as described to you by us on our website and that meet all the requirements imposed by law. Remember that you have several options for resolving disputes with us.
15. We can change products, items and these terms
15.1. Changes we can always make.
15.1.1. We can always change a product or an item:
15.1.2. to reflect changes in relevant laws and regulatory requirements; and
15.1.3. to make minor technical adjustments and improvements.
15.2. Changes we can only make if we give you notice and an option to terminate. We can also make the following types of change to the products or items or these terms, but if we do so we will notify you and you can then contact our Customer Service Team: contact@brilligandborogove.com to end the contract before the change takes effect and receive a refund for any product and item you have paid for, but not received:
15.2.1. significant changes to any Made-to-Order Products;
15.2.2. increase the price.
16. We can suspend supply (and you have rights if we do)
16.1 We can suspend the supply of a product or item.
We do this to:
16.1.1. deal with technical problems or make minor technical changes;
16.1.2. update the product or item to reflect changes in relevant laws and regulatory requirements; or
16.1.3. make changes to the product and item (see We can change products, items and these terms).
17. We let you know, may adjust the price and may allow you to terminate. We contact you in advance to tell you we are suspending supply, unless the problem is urgent or an emergency. If we suspend the product for longer than 30 days, we adjust the price so you do not pay for it while it's suspended. If we suspend supply, or tell you we are going to suspend supply, for more than 30 consecutive days you can contact our Customer Service Team: contact@brilligandborogove.com to end the contract and we will refund any sums you have paid in advance for products you will not receive.
18. We can withdraw products and items
We can stop providing a product or item. We let you know at least 14 days in advance and we refund any sums you've paid in advance for products and items which will not be provided.
19. We can end our contract with you
We can end our contract with you for a product and item and claim any compensation due to us if you do not:
19.1. make any payment to us when it is due and you still do not make payment within 30 days of our reminding you that payment is due;
19.2. within a reasonable time of us asking for it, provide us with information, cooperation or access that we need to provide the product and item, for example, the correct delivery address or the information required for us to carry out the necessary credit or anti-fraud checks; or
19.3. within a reasonable time, either allow us to deliver the product and item to you or collect it from us.
20. We do not compensate you for all losses caused by us or our products and items
We are responsible for losses you suffer caused by us breaking this contract unless the loss is:
20.1 Unexpected. It was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable).
20.2 Caused by a delaying event outside our control. As long as we have taken the steps set out in the section, we are not responsible for delays outside our control for example delays in third party delivery services.
20.3 Avoidable. Something you could have avoided by taking reasonable action, including following our reasonable instructions for use.
20.4 A business loss. It relates to your use of a product or item for the purposes of your trade, business, craft or profession.
21. You have several options for resolving disputes with us
21.1 Our complaints policy. Our Customer Service Team: contact@brilligandborogove.com will do their best to resolve any problems you have with us or our products.
21.2 Jurisdiction. These terms are governed by English law and subject to the non-exclusive jurisdiction of the courts in England and Wales.
22. Other important terms apply to our contract
22.1 We can transfer our contract with you, so that a different organisation is responsible for supplying your product. We'll tell you in writing if this happens and we'll ensure that the transfer won't affect your rights under the contract.
22.2. You can only transfer your contract with us to someone else if we agree to this.
22.3 Nobody else has any rights under this contract. This contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.
22.4 If a court invalidates some of this contract, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.
22.5 Even if we delay in enforcing this contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you are not allowed to, but that doesn’t mean we can't do it later.
23. Intellectual Property Rights. You purchase only the physical product or item itself from us.
23.1 All intellectual property rights (including but not limited to copyright,
design rights whether registered or unregistered, trade marks, and including all
applications and rights to apply for the same) in the designs, drawings, patterns,
artworks, illustrations, layouts, features, photographs, videos of all our Made-to-
Order Products and Pre-Printed Ex-Stock Products remain the exclusive
property of V Creative Ventures Limited at all times. Nothing in these Conditions
of Sale or in any order placed by you shall operate to transfer, assign, or grant any
right, title, or interest in such intellectual property to you.
23.2. You shall not:
-
copy, reproduce, modify, adapt, reverse engineer, or create derivative works
from any of our Made-to-Order and/or Pre-Printed Ex-Stock Products for commercial purposes; - exploit any of our designs, patterns, Made-to-Order Products, or Pre-Printed Ex-Stock Products for commercial purposes, including by manufacturing or distributing products or items that reproduce or are substantially similar to our designs, patterns, Made-to-Order Products or Pre-Printed Ex-Stock Products;
- register or attempt to register any intellectual property rights in or derived from our Made-to-Order Products or Pre-Printed Ex-Stock Products; or
- remove, obscure, or alter any copyright notices, trademarks, or other proprietary markings on our Made-to-Order or Pre-Printed Ex-Stock Products.
For the avoidance of doubt, nothing in this clause shall prevent you from making personal, non-commercial use of any product or item purchased from us or reselling the specific physical product or item you have lawfully purchased from us, provided that such resale does not involve any reproduction or other exploitation of our intellectual property rights.
23.3. Any material breach of this clause shall entitle us to terminate the contract with written notice, claim damages in respect of any loss suffered as a result of the breach; and/or seek injunctive or other equitable relief.
24. In Person Sales
24.1. The provisions set out in clauses 24 to 29 (In Person Sales Terms) apply exclusively to In Person Sales. They do not apply to Remote / Digital Sales.
24.2. To the extent of any conflict or inconsistency between the In Person Sales Terms and the General Terms, the In Person Sales Terms shall prevail in respect of any In Person Sales, unless otherwise expressly stated.
25. Clerical, typographical, labelling or other error
We reserve the right to correct any clerical, typographical, labelling or other error without notice and without liability (except as required by law). Where any correction results in a change to the price or product or item, clause 15.2 shall apply, including our obligation to notify you and provide you with the option to terminate the contract and receive a refund in accordance with clause 15.2.
26. Reservation Only
Any order, reservation form, expression of interest, or payment received at an exhibition, trade event or other physical location constitutes a reservation only. No contract shall be formed until confirmation has been provided as outlined in clause 3. No binding contract exists until confirmed in writing by the Company Director.
27. Payments
With reference to clause 5, we accept payments only in GBP via our nominated bank account or via our own registered POS device linked directly to our bank account. All payments require internal pre-authorisation by the Company Director. No cash payments or payments to individual exhibition or trade event stand staff or sales assistants will be accepted or treated as valid.
28. Anti-Money Laundering (AML) Requirements
For any transaction (or series of linked transactions) valued at €10,000 or more (or the equivalent in other currencies), you must provide satisfactory proof of identity (photo ID) and address before we will issue an official invoice, in accordance with your obligations under clause 19.2. We may require additional due diligence information in line with the UK Money Laundering Regulations and other checks referred to in clause 3.3.
29. No Right to Change Your Mind for In Person Sales
In Person Sales are non-refundable. You do not have a legal right to change your mind in relation to any In Person Sales.
30. Remote / Digital Sales
30.1. The provisions set out in clauses 30 to 38 (Remote / Digital Sales Terms) apply exclusively to Remote / Digital Sales. They do not apply to In Person Sales.
30.2. To the extent of any conflict or inconsistency between the Remote / Digital Sales Terms and the General Terms, the Remote / Digital Sales Terms shall prevail in respect of any Remote / Digital Sales, unless otherwise expressly stated.
31. Your legal right to change your mind. For most of our products and items (but not for Made-to-Order Products and In Person Sales), you have a legal right to change your mind about your purchase and receive a refund of what you paid for it, including the delivery costs. This is subject to some conditions, as set out below.
32. When you can't change your mind. You can't change your mind about an order for:
32.1. products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
32.2. products that are made to your specifications, including all Made-to-Order Products or are clearly personalised; and
32.3. products or items which become mixed inseparably with other items after their delivery such as wallpaper already hung up.
33. The deadline for changing your mind. If you change your mind about a product or item you must let us know no later than 14 days after the day we deliver it. If your purchase is split into several deliveries over different days, the period runs from the day after the last delivery.
34. How to let us know. To let us know you want to change your mind, contact our Customer Service Team: refunds@brilligandborogove.com.
35. You have to return the product(s) and item(s) at your own cost. You have to return your product to us within 14 days of your telling us you have changed your mind. Returns are at your own cost, unless we offered free returns when you bought the product.
36. You must send the product(s) and item(s) back to us. If you do this you should keep a receipt or other evidence from the delivery service that proves you have sent it and when you sent it. If you do not do this and we do not receive the goods at all or within a reasonable time we will not refund you the price. For help with returns, please refer to our Returns and Refunds Policy or contact our Customer Service Team: refunds@brilligandborogove.com.
37. We only refund standard delivery costs. We do not refund any extra you have paid for express delivery or delivery at a particular time.
38. We reduce your refund if you have used or damaged a product or an item. If you handle the product in a way which would not be acceptable in person, we reduce your refund, to compensate us for its reduced value. For example, we reduce your refund if the product's or the item's condition is not the same as originally sold, price tags have been removed, the packaging is damaged or accessories are missing. In some cases, because of the way you have treated the product or the item, no refund may be due.
39. When and how we refund you. If you tell us you have changed your mind about a product or an item that has not been delivered, we refund you as soon as possible and within 14 days. If you are sending your product or item back to us, we refund you within 14 days of receiving it (or receiving evidence you've sent it to us). We refund you by the method you used for payment. We do not charge a fee for the refund.