Terms and Conditions

Welcome to www.denmanbrushus.com, the website of Denman Inc  (“Denman”). The following are the rules or terms that govern the use of the Denman Website. Denman reserves the right to change these terms at any time, effective immediately upon posting on the Denman Website. Please check this page of the Denman Website periodically. If you violate these terms, Denman may terminate your use of the Denman Website and/or take appropriate legal action against you.

This web site is owned and operated by Denman Inc who are completely dedicated to your total satisfaction. If you have any suggestions or comments or if you need to contact us, please email us using the link on the store page or use the details below.

Our Contact details:

Denman Inc

Registered Office

50 Mall Road,

Suite 206,

Burlington

Massachusetts (MA)

01803

USA

Phone: +1 781 365 2040

Fax: +1 781 365 0454

Email: boston@denmanbrush.com

A subsidiary of Denroy Group Ltd

1. Interpretation

1.1 In these Conditions;

“Denman Direct On-line Order System” means the ordering facility available on the Denman Website.

“Denman Website”         means www.denmanbrushus.com the website of Denman.

“Terms”               means the terms of use that govern the use of the Denman Website.

2. Rights Granted and Main Restrictions

2.1 The access and use of the Denman Website featuring these terms constitutes the user’s acceptance of these terms which take effect from the date from which each user first uses the Denman Website.

2.2 All rights, including copyright, in the content of Denman web pages are owned or controlled for these purposes by Denman. Users may download and print copies of the material displayed on the Denman Website for personal use only; provided that each user retains all copyright notices and other proprietary notices contained on or in relation to the materials included in that Denman Website. Users may not print, copy, reproduce, download, republish, broadcast, transmit, display, modify or re-use the materials from a Denman Website for any other purpose, including in particular any purpose which publicly re-sells or re-uses the materials. Users may not deep-link to the Denman Website for any purpose, unless specifically authorized to do so.

2.3 The trade marks, logos, names and images displayed on the Denman Website are the registered or unregistered trade marks of Denman and others. Nothing in the Denman Website should be taken as conferring by implication, estoppel or otherwise any licence or right to use any trade mark displayed on the Denman Website without the prior written approval of Denman or such third party as may own the relevant trade mark, logo, name or images.

3. Disclaimer

3.1 The Denman Website and the content, names, text and images included on it are delivered on an ‘AS IS’ and ‘AS AVAILABLE’ basis and Denman does not promise that the Denman Website will be error free, uninterrupted, nor that it will provide specific results from use of the Denman Website or any content, search or link on it. While reasonable care has been taken in the preparation of the Denman Website to ensure that the information contained on it is accurate, no warranty express or implied, including any warranty or representation of satisfactory quality or fitness for a particular purpose, non-infringement of title, is given, nor is any warranty or representation given that the information and materials contained on the Denman Website are free from errors or inaccuracy. This does not affect your statutory rights. For the avoidance of doubt, this means that your statutory rights, which include but are not limited to satisfactory quality and fitness for a particular purpose, shall not be excluded in any way.

3.2 To the fullest extent permitted by applicable laws, no liability is accepted for any direct loss or damage however resulting from the access to and use of the Denman Website and the information and materials contained on it.

3.3 Denman, its employees or agents, will not be liable for:

3.3.1 any loss or damage resulting from breach by the Customer of any term of the contract; or

3.3.2 any loss or damage however resulting from the access to and the use of the Denman website and the information and materials contained in it unless such loss or damage was a foreseeable consequence to both parties when the contract was formed but, for the avoidance of doubt, Denman will not be liable or responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by both Denman and the Customer (such as personal injury (so far as not caused by Denman’s negligence), loss of profits or loss of opportunity).

3.4 Links contained in the Denman Website may lead to websites not under the control of Denman and Denman is not responsible for the contents of any linked site or any link contained in a linked site. Links provided on the Denman Website are provided to users only as a convenience and the inclusion of any link does not imply endorsement by Denman of, and Denman accepts no liability whatsoever in respect of the content of, any such linked site. Users link to any linked sites at their own risk.

3.5 These do not affect your statutory rights.

4. Linking

4.1 Users shall not be entitled (nor shall they assist others) to set up links from their own websites to the Denman Website (whether by hypertext linking, deep-linking, framing, tagging or otherwise) without the prior written consent of Denman, which consent, Denman may at its absolute discretion, and without providing a reason, grant or withhold.

4.2 If you have a problem with a link from the Denman Website please notify technical.services@denmanbrush.com and your query will be investigated after which Denman will take any actions deemed appropriate in Denman’s sole discretion.

5. Supply of Information

5.1 Although Denman may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards and the like on its website, Denman is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, omission, infringement, defamation, obscenity, or inaccuracy contained in any information within such locations on the Denman Website. Users are prohibited from posting or transmitting any unlawful, defamatory, obscene or scandalous material or any material that constitutes or encourages conduct that would be considered a criminal offence, likely to give rise to criminal conviction and/or civil liability, or otherwise violates any law. Denman will fully cooperate with any law enforcement authorities or court order requesting or directing Denman to disclose the identity of anyone posting any such information or materials on its website.

5.2 Denman’s web server may automatically recognise the domain name, ip address and email address (where possible) of users of its websites. Denman may collect the domain name and email address of visitors to the Denman Website, the email address of those who post messages to its bulletin boards, the email addresses of those who communicate with Denman via email, email addresses of those who make postings to Denman’s chat areas, aggregate information on the pages users access or visit and information volunteered by the user, such as survey information and/or site registrations.

5.3 The information collected by Denman is used for internal review, used to improve the content of its website, used to customise the content and/or layout of the Denman Website for each individual user, used to notify users about updates to the Denman Websites, used by Denman to contact users for marketing purposes and is not shared with other organisations for commercial purposes. The information may also be used for internal testing purposes.

5.4 Please refer to the Privacy Policy for further details on how Denman uses personal data transmitted by a user to the Denman Website.

6. Supply of Goods

6.1 Price Information.

The prices shown are only applicable to purchases made via the Denman Direct On-Line Order System and are shown in USD (US Dollars). Prices in shops may be higher or lower than shown. All prices are correct at time of display online and will include tax where appropriate. Shipping and handling is in addition to the prices shown. Shipping and handling charges are based on the weight and delivery location and are recalculated for each line of the order. Delivery Charges are available for display during the initial checkout phase before any address details are entered.

6.2 Reproduction of Color.

Color reproduction online is as accurate as photographic and electronic processes will allow.

6.3 Liability.

The majority of card issuers either cover all the charges that may result from unauthorized use of your credit card, or may limit your liability to $50. Denman will take all reasonable care to keep the details of your order and credit card information secure. Unless it has been established that we have been negligent, Denman will not be liable for any losses you may suffer as a result of unauthorized access by a third party to the information transmitted by you when ordering products from Denman online.

6.4 Supply of Denman Products.

Denman must validate the credit card details you submit to us before your order can be accepted.

All orders for products received by Denman are accepted subject to availability of such products.

Denman accepts payment by Visa Credit, Visa Debit, Visa Electron, Mastercard Credit, Mastercard Debit, American Express and Paypal. Payment will be debited from your account at the point of order. All credit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your credit card refuses to authorize payment to us, we will not be liable for any delay or non-delivery. We are fully PCI-DSS compliant as we use Paypal Express Checkout and WorldPay as payment service providers.

6.5 To order products from the Denman Website you must be at least 18 years of age.

6.6 International Orders.

We would direct customers outside of North America to our sister site www.denmanbrush.com which is owned and operated by Denman International Ltd.

6.7 Complaints.

We endeavour to respond to all complaints within 5 working days. Please contact  customer.services@denmanbrushus.com.

7. Revision of Terms and Conditions

7.1 Denman may at any time revise these terms without notice by posting changes on-line. Users are responsible for reviewing all information posted on-line and the continued use of the Denman Website after changes are posted constitute the user’s acceptance of the modified terms.

7.2 These terms do not affect your statutory rights.

8. Offline Conduct

Although Denman cannot monitor the conduct of its users off the Denman Website, it should be noted by users that it is a violation of these terms to use any information obtained from the Denman Website to harass, abuse or harm another person or, in order to contact, advertise to, solicit or sell to any other user without their prior explicit consent.

9. Access and Interference

9.1 You agree that you will not use any automatic device or manual process to monitor or copy pages from the Denman Website or the content contained thereon or for any other unauthorized purpose without Denman’s prior express written consent.

9.2 You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Denman Website and that you will not take any action that imposes an unreasonably or disproportionately large load on the Denman infrastructure.

9.3 You further agree that you will not copy, reproduce, alter, modify, create derivative works or publicly display any content (except for your own personal use) from the Denman Website without the prior express written consent of Denman.

10. Indemnity

You agree to indemnify and hold Denman, its officers, agents and other connected persons and employees harmless from any loss, liability, claim or demand made by any third party due to or arising out of your use of the Denman Website, including also your use of the Denman Website to provide a link to another site or to upload content or other information to the Denman Website.

11. Governing Law

Any disputes or complaints regarding this Site or your use of it will be governed by the laws of the United States and the Commonwealth of Massachusetts, without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Boston, Massachusetts and waive any objection to jurisdiction and venue. You must bring any claim you may have under these terms or regarding this site within one (1) year after the cause of action arises, or such claim or cause of action is barred.

Making a Purchase

Making a purchase could not be easier. Just browse our store, and add any items that you wish to buy into the shopping cart. After you have finished your selection, click on ‘Checkout’ and you will be asked for a few details that we need to be able to complete the order.

We accept Visa Credit, Visa Debit, Visa Electron, Mastercard Credit, Mastercard Debit, American Express and Paypal. Please note that payment is taken at point of order.

If you have made a mistake in your order and cannot correct it in the shopping cart, contact us and we will correct the mistake.

When confirmation of your order is received, this is to indicate that we have received your order. It does not indicate that a contract exists between us. We will indicate acceptance of your order, and hence a contract between us, when we send you an invoice. We have included this term to protect us in the case that a mistake has been made in pricing, we have inadvertently under-priced goods, or we are no longer able to supply a particular product for some reason. In the case of a change of price, we will always contact you first to ensure that the price is acceptable.

Shipping Costs are based on the weight of goods purchased but please be aware that orders may qualify for free delivery based on order value.

We deliver your order right away. We will normally send your order to you in 3 – 4 business days.

You must inform us within two working days if the goods are lost or damaged in transit so that we can make a prompt claim against the delivery company and correct the problem. Please quote your order number in all correspondence.

You agree that proof of delivery supplied by our delivery company is sufficient evidence to establish that goods have been received.

If your item is not in stock, we will back order for you. You will always be emailed with the option to cancel your order if you would rather not wait.

Sales Tax is charged on shipping to VA, MA, CA, FL, IL and NY

Purchasers outside the aformentioned states are responsible for their state or local sales / use tax, if any, and any other taxes payable by reason of this transaction.

Refund Policy

We will refund or replace at no extra cost any products damaged before or on delivery, if you notify us by telephone or by email within 7 days of their receipt.

We will replace at no extra cost any products which have been lost in transit if you notify us by telephone or by email within 21 days of us receiving your order or the delivery date of the products, whichever shall be the later.

You are entitled to cancel your order and return the goods within 7 working days for a full refund, including the cost of delivery. Please note that for hygiene reasons items cannot be returned if used. If the product has not been used it should be returned in its original packaging.  If products are damaged, scratched or not in their original condition or packaging, an additional fee will be charged on review.

To return items contact us by email ( returns@denmanbrushus.com ) or telephone and quote the order number supplied to you. Your refund will be paid within 30 days. You are responsible for the cost and risk of loss or damage when returning the goods, so you should take out enough postal insurance to cover their value. This cancellation policy does not affect your rights when we are at fault – for example, if goods are faulty or misdescribed.

These terms apply to your order. We may change our terms and conditions at any time, so please do not assume that the same terms will apply in the future.

None of these terms affect your legal rights and these are not diminished in any way. If any term is held to be invalid under any applicable statute or rule of law, that term is automatically omitted from the terms to minimum extent necessary to comply with the law and without affecting the validity or enforceability of the remainder.