Terms of service

BRDY Terms of Service

Overview

Welcome to BRDY! The terms "we", "us" and "our" refer to BRDY. BRDY operates this store and website, including all related information, content, features, tools, products and services, in order to provide you, the customer, with a curated shopping experience (the "Services"). BRDY is powered by Shopify, which enables us to provide the Services to you.

These Terms of Service, together with any policies referenced herein (these "Terms of Service" or "Terms"), describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability. By visiting, interacting with, or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.

Account Access

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your jurisdiction of residence, or that you have obtained the consent of a parent or legal guardian to use the Services.

To use the Services, including accessing or browsing our online store or purchasing any of the products we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide is correct, current and complete, and that you have all rights necessary to provide this information. You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.

Our Products

We make every effort to provide an accurate representation of our products in our online store. Please note that colours or product appearance may differ from how they appear on your screen, due to the type of device you use and your device's settings. We do not warrant that the appearance or quality of any product purchased by you will be identical to how it is depicted in our online store.

All product descriptions are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time, and may limit the quantities of any product we offer, on a case-by-case basis.

Orders

When you place an order, you are making an offer to purchase. BRDY reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until BRDY confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as we may be unable to accommodate cancellation requests after an order is accepted.

In the event that we do not accept, change, or cancel an order, we will attempt to notify you using the email address, billing address, and/or phone number provided at the time the order was made.

Your purchases are subject to return or exchange solely in accordance with our Refund Policy. You represent and warrant that your purchases are for your own personal use and not for commercial resale or export.

Billing and Pricing

Prices, discounts and promotions are subject to change without notice. The price charged will be the price in effect at the time the order is placed, and will be set out in your order confirmation email. Unless otherwise stated, posted prices do not include shipping, handling, customs or import charges (where applicable).

Prices in our online store may differ from prices offered elsewhere, including in-person or through third parties. From time to time we may run promotions governed by separate terms; where those terms conflict with these Terms, the promotion terms will govern.

You agree to provide current, complete and accurate purchase, payment and account information, and to promptly update this information (including your email address and payment details) so that we can complete your transactions and contact you as needed. You represent and warrant that (i) any payment information you provide is true, correct and complete, (ii) you are authorised to use the payment method provided, and (iii) you will pay all charges incurred at the posted prices, including shipping and any applicable taxes.

Shipping and Delivery

We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by shipping carriers, customs processing, or events outside our reasonable control. Once we transfer products to the carrier, risk of loss passes to you, though your statutory rights as a consumer (including in relation to faulty or damaged goods) are unaffected.

Intellectual Property

Our Services, including all trademarks, brand names, text, images, graphics, and the design, selection and arrangement of the Services, are owned by BRDY, its affiliates, or licensors, and are protected by UK and international copyright, trademark and other intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store, or transmit any material from the Services without our prior written consent.

BRDY's name, logo, product names, designs and slogans are trademarks of BRDY. You must not use these without our prior written permission. All other names, logos, and trademarks appearing on the Services are the property of their respective owners.

Optional Features

You may be given access to features offered by third parties as part of the Services, which we do not monitor or control. We provide access to such tools "as is" and "as available," without any warranties, and we have no liability arising from your use of them. Use of any third-party tools is entirely at your own risk, and you should review the relevant third party's own terms before use.

Third-Party Links

The Services may contain links to websites operated by third parties. We are not responsible for the content or accuracy of any third-party site, and if you choose to visit one, you do so at your own risk. Please review any third party's own policies before engaging in a transaction with them; complaints regarding third-party products or services should be directed to that third party.

Relationship with Shopify

BRDY is powered by Shopify, which enables us to provide the Services to you. However, any sales you make through our store are made directly with BRDY. Shopify is not responsible for any aspect of sales between you and BRDY, including any injury, damage, or loss resulting from purchased products. You release Shopify and its affiliates from claims, damages, and liabilities arising from your purchases and transactions with BRDY.

Privacy Policy

All personal information we collect through the Services is subject to our Privacy Policy, and certain personal information may also be subject to Shopify's own Privacy Policy. By using the Services, you acknowledge that you have read both. Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide the Services to you; this information may be shared with third parties, including in other countries, in order to provide the Services.

Feedback

If you submit any ideas, suggestions, feedback, reviews or other content ("Feedback"), you grant us a perpetual, worldwide, royalty-free licence to use, reproduce, modify, publish and display such Feedback for any purpose, including commercial use. You represent that you own or have the rights to any Feedback you submit, and that it will not violate any third party's rights or contain unlawful, abusive, or infringing material. We are under no obligation to keep Feedback confidential, compensate you for it, or respond to it, and may remove Feedback we determine, at our discretion, to be objectionable or in violation of these Terms.

Errors, Inaccuracies and Omissions

Occasionally there may be typographical errors, inaccuracies or omissions on the Services relating to product descriptions, pricing, promotions, shipping charges, or availability. We reserve the right to correct any such errors and to change, update, or cancel orders if information is found to be inaccurate, at any time and without prior notice, including after an order has been submitted.

Prohibited Uses

You may access and use the Services for lawful purposes only. You must not use the Services: to break any applicable law or regulation; to infringe our intellectual property rights or those of others; to harass, abuse, or harm any person; to transmit false or misleading information; to send spam or unauthorised advertising; to impersonate any person or entity; or to engage in conduct that restricts or inhibits others' use of the Services, or which may harm BRDY, Shopify, or other users.

You also agree not to: upload viruses or malicious code; reproduce, resell, or exploit any part of the Services without permission; collect or track others' personal information; use bots, scrapers, or automated/AI tools to access the Services; or bypass or interfere with any security or access-control measures we use. We reserve the right to suspend or terminate your account at any time, without notice, if we determine you have violated these Terms.

Automated Agents

This section applies if you use, allow, or cause an automated agent (software acting autonomously or semi-autonomously on your behalf) to access or interact with the Services. Any such agent must clearly identify itself as an agent in all requests, must not disguise itself as a human user or attempt to bypass measures intended to distinguish humans from automated systems, must respond truthfully if asked whether it is a human or a computer, and must not circumvent any control we place on agent access. We may limit or block agent access to the Services at our discretion.

Termination

We may terminate this agreement or your access to the Services, in our sole discretion, at any time and without notice; you remain liable for all amounts due up to the date of termination. Provisions that by their nature should survive termination (including Intellectual Property, Feedback, Disclaimer of Warranties, Limitation of Liability, Indemnification, and Governing Law) will continue to apply.

Disclaimer of Warranties

Information presented on the Services is provided for general information purposes only. We do not warrant the accuracy, completeness, or usefulness of this information, and any reliance you place on it is at your own risk.

Except as expressly stated, the Services and all products offered are provided "as is" and "as available," without warranties of any kind, whether express or implied, including warranties of satisfactory quality, fitness for a particular purpose, and non-infringement — except where such exclusion is not permitted by law, including your statutory rights as a UK consumer, which remain unaffected. We do not guarantee that the Services will be uninterrupted, timely, secure or error-free.

Limitation of Liability

To the fullest extent permitted by law, BRDY, its partners, directors, officers, employees, affiliates, and service providers (including Shopify) shall not be liable for any indirect, incidental, special, or consequential damages arising from your use of the Services or any product purchased through them, including loss of profits, revenue, savings, or data — except that nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud, or for any other liability which cannot be excluded or limited under applicable law.

Indemnification

You agree to indemnify and hold harmless BRDY, Shopify, and our respective affiliates, officers, and employees from any losses, damages, or claims (including reasonable legal costs) arising from your breach of these Terms, your violation of any law or third-party right, or your use of the Services.

Severability

If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision will be enforced to the fullest extent permitted by law, and the remainder of these Terms will remain in full force and effect.

Waiver; Entire Agreement

Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision. These Terms, together with any policies posted on our site, constitute the entire agreement between you and us regarding the Services, superseding any prior agreements or communications.

Assignment

You may not transfer or assign your rights or obligations under these Terms without our prior written consent. We may transfer or assign these Terms without notice to you.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of England and Wales. Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales. If you are a consumer resident elsewhere in the UK (Scotland or Northern Ireland), you may also bring proceedings in your local courts, and mandatory consumer protection laws of your country of residence will continue to apply.

Your Right to Cancel (UK & EU Consumers)

If you are a consumer, you have the right to cancel your order within 14 days of receiving your goods, without giving any reason, under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (if you are a UK consumer) or equivalent EU cooling-off rights (if your order is shipped into the EU). To exercise this right, please contact us at info@brdyapparel.com within the 14-day period. Goods must be returned unused, unworn, with tags attached, and in their original packaging, in accordance with our Refund Policy.

Headings

The headings used in these Terms are included for convenience only and do not limit or affect these Terms.

Changes to Terms of Service

We reserve the right to update or change these Terms at any time by posting changes to our website. It is your responsibility to check our website periodically for updates. Your continued use of the Services following the posting of any changes constitutes your acceptance of those changes.

Contact Information

Questions about these Terms of Service should be sent to us at info@brdyapparel.com.