BRYNK Consumer Terms and Conditions

[Brynk offers you the opportunity to pay us to plant trees on your behalf on a subscription basis and purchase carbon credits on your behalf (from the relevant registry),, this is described as the “service” in these terms.]  Where we refer to “products”, we mean any certificates, photos or other materials relating to the performance of the service, and any other goods or products which we make available for purchase through our website.

These are the terms and conditions on which we supply products and/or services to you, and by placing an order with us through www.brynk.co.uk you agree to be bound by these terms and conditions of sale. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products and/or services to you, what to do if there is a problem and other important information.

 

Please also note that our Privacy Policy and Cookies Policy also apply whether or not you purchase goods and services from our website.

  1. Information about us contact details 

    1. Who we are. We are Brynk Limited, a company registered in England and Wales. Our company registration number is 12239632 and our address is The Stanley Building, 7 Pancras Square, London, N1C 4AG. Our registered VAT number is 351 5909 92. 

    2. How to contact us. You can contact us by telephoning our customer service team at +44 (0) 203 859 7716 or by writing to us at hello@brynk.co.uk or via our contact us page.

    3. How we may contact you. If we need to contact you, we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order. When we use the words "writing" or "written" in these terms, this includes emails.

  2. Consumers only

    1. Our services and products are only intended for use by consumers (people who want to buy these for their personal use and not for any business purposes). We reserve the right to reject or cancel your order if we reasonably think that you are buying our services/products for business purposes but we will attempt to contact you (using the contact details you have provided) to discuss this before cancelling your order.

    2. Confirmation. By placing an order with us through our website, you are confirming to us that you are a consumer and that you are at least 18 years old.

  3. Our contract with you 

    1. You need to create an account in order to place an order. In order to purchase services/ products from our website you may have to set up an account with us.

    2. How we will accept your order. Our acceptance of your order for services and/or products will take place when we email you to accept it, at which point a contract will come into existence between you and us. 

    3. If we cannot accept your order. If we are unable to accept your order, we will inform you of this by email and will not charge you for the product and/or service. 

    4. Your order number (for services/products). We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your subscription/order. 

    5. By signing-up for a services subscription you agree to pay us until you or we end the subscription. For the duration of your subscription, this commits you to paying for each such subscription service and you authorise us to instruct your card issuer to debit the corresponding sum automatically at the frequency determined by you when placing your first order.

  4. Our services & products

    1. The services don’t entitle you to any rights in the trees. You understand that by asking us to plant trees on your behalf that you do not receive ownership rights in any of the trees planted.  We will use our reasonable efforts to ensure the tree is planted, that the planted tree is listed on your impact page along with the estimate of the CO2 sequestered.  We may or may not supply you with a certificate to confirm the planting depending on the service offered.  

    2. We may offer you the opportunity to understand the climate impact of your subscription. From time to time, we may offer you the opportunity to confirm the climate impact of your subscription service.  We will use third parties to help make this confirmation and will provide details of any such third parties on our website (and we may change the identity of these third parties at our absolute discretion). Where we offer you this functionality, we will use our reasonable endeavours to obtain confirmation of the impact of your subscription service from such third-party providers and we will share a summary of this information with you. You acknowledge and accept that:

      • (a) Any such impact confirmation is indicative only, based on your historical subscription details;  

      • (b) The impact information is provided for information only.  It cannot be sold or transferred to another person. 

      • (c) We are not responsible for verifying the accuracy of any such impact information, although we will use all reasonable efforts to work with trusted third parties from across the industry to obtain this impact information.

    3. Our carbon calculator will help you to estimate the possible size of your carbon footprint.  We may make a carbon calculator available to you through the website (although we are not required to ensure it is always available for use).  You can use this to estimate the size of your carbon footprint based on certain data points.  You understand that your use of the calculator is for illustrative purposes only.  We will use our reasonable endeavours to ensure that any calculations are accurate, but accept no liability or responsibility for the calculation.  

    4. Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product and/or its packaging may vary slightly from those images. 

    5. Availability of products or services. If we are unable to supply you with a service/product, for example because that product is not in stock or the service/product or no longer available or because of an error in the price on the website, we will inform you of this by e-mail and we will not process your order. If you have already paid for the service/products, we will refund you the full amount as soon as possible.

  5. Changes to the services/products 

    1. We may change the services and/or product to reflect changes in relevant laws and regulatory requirements; and to reflect the current status of the supply chain.

  6. Providing the services & products

    1. Subscription Service: If you sign up for an ongoing subscription service, we will supply the services to you in accordance with your chosen subscription option until you end the contract as described in clause 8 or we end the contract as described in clause 10.  

    2. Product delivery costs & timescales. The costs of delivery and delivery timescales for product orders will be as displayed to you on our website.  We will use our reasonable endeavours to perform in line with any delivery timescales, but a failure to meet the timescales will not entitle you to terminate the contract. 

    3. We are not responsible for delays outside our control. If our performance of the services or supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products/services you have paid for but not received. 

    4. Delivery of products and ownership.  If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you of how. A product will be your responsibility from the time we deliver it to the address you gave us. You own a product once we have received payment in full.

    5. What will happen if you do not give required information to us. We may need certain information from you so that we can supply the services/products to you. If so, this will have been stated in the description of the services/products on our website. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the services/products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it. 

    6. Reasons we may suspend the supply of services/products to you. We may have to suspend the supply of services and/or products to: (a) deal with technical problems or make minor technical changes; (b) update the service/product to reflect changes in relevant laws and regulatory requirements; (c) make changes to the service/product as notified by us to you (see clause 5).

    7. Your rights if we suspend the supply of services/products. We will contact you in advance to tell you we will be suspending supply of the services/products, unless the problem is urgent or an emergency.

    8. We may also suspend supply of the services/products if you do not pay. If you do not pay us when you are supposed to (see clause 7.3) and you still do not make payment within 14 days of us reminding you that payment is due, we may suspend supply of the services/products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the services/products.

  7. Price & payment

    1. Prices for the products and services (the subscription packages) and details of subscription packages are stated on our website. We take all reasonable care to ensure that the prices advised to you is correct. However, it is always possible that, despite our reasonable efforts, some of the products or services we sell may be incorrectly priced. If this happens, and at our discretion, where the product or service/s correct price at your order date is less than our stated price at your order date, we will charge the lower amount (except for where the error is obviously incorrect and could have been recognised by you as a mispricing). If the service or product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.

    2. We will pass on any VAT (or any other applicable sales tax) (“sales tax”) changes. We will pass on changes in the rate of any sales tax. If the rate of the sales tax changes between your order date and the date we supply the service/product, we will adjust the rate of the sales tax that you pay, unless you have already paid for the service/product in full before the change in the rate of the sales tax takes effect.

    3. By placing an order for services/products you authorise us to take payment from you.  Our payments page includes details of which forms of payment we accept.  By placing an order for services/products, you authorise us and/or our third-party payment providers to take payment and/or charge your payment card for the relevant amount at the relevant time.  All payments are independently processed through third-party services and we do not collect or process any payment information (e.g. credit card details).

  8. Your rights to end the contract

    1. Your right to end the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any services/products which have not been provided and you may also be entitled to compensation. The reasons are:

      • (a) we have told you about an upcoming change to the services or the products or these terms which you do not agree to (see clause 5);

      • (b) we have told you about an error in the price or description of the services/product you have ordered and you do not wish to proceed;

      • (c) there is a risk that supply of the products may be significantly delayed because of events outside our control; 

      • (d) we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 60 days; or

      • (e) you have a legal right to end the contract because of something we have done wrong.

    2. ​Exercising your right to change your mind if you are a consumer (Consumer Contracts Regulations 2013). If you are a consumer then for most services/products bought online you have a legal right to change your mind within 14 days and receive a refund. However, these rights do not apply in respect of:

      • (a) services, once these have been completed, even if the cancellation period is still running;

      • (b) any products which become mixed inseparably with other items after their delivery.

    3. How long do consumers have to change their minds? If you are a consumer how long you have to change your mind depends on what you have ordered and how it is delivered.

      • (a) Have you bought services  If so, you have 14 days after the day we email you to confirm we accept your order. However, once we have completed the services you cannot change your mind, even if the period is still running. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind.

      • (b) Have you bought goods  if so you have 14 days after the day you (or someone you nominate) receives the goods, unless:

        1. Your goods are split into several deliveries over different days. In this case you have until 14 days after the day you (or someone you nominate) receives the last delivery.

        2. Your goods are for regular delivery over a set period   In this case you have until 14 days after the day you (or someone you nominate) receives the first delivery of the goods.

    4. Your rights to end the contract where we are not at fault and after the end of the cancellation period (see clauses 8.2 and 8.3).  After the cancellation period, and even where we are not at fault, you can end the contract as follows:

      • (a) For services - you can end the contract at any time by letting us know in writing. .

      • (b) For products – you can end the contract at any time by letting us know. The contract will end immediately, when you notify us, and

      • in both (a) and (b) we will refund any sums paid by you for services/products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.

  9. How to end the contract with us 

    1. Tell us you want to end the contract. To end the contract with us, please let us know by phoning or emailing us using the contact details listed in clause 1 and provide us with your name, contact details and details of the order (including the order number). If you want to end your service subscription, you can do this through your account page on the website.  

    2. Returning products after ending the contract. If you end the contract for any products for any reason after products have been dispatched to you or you have received them, you must return them to us. You must post the goods back to us at.  If you are a consumer exercising your right to change your mind you must send off the products within 14 days of telling us you wish to end the contract. 

    3. You are responsible for the cost of returning the products to us, unless any of the following situations apply. You are usually responsible for the costs of returning products to us. We will pay the costs of return:

      • (a) if the products are faulty or misdescribed; 

      • (b) if you are ending the contract because we have told you of an upcoming change to the service/product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong; 

      • (c) if you are exercising your right to change your mind (see clause 8.2).

    4. How we will refund you.  If you are entitled to a refund under these terms we will refund you the price you paid for the products including delivery costs, by the method you used for payment. With services we will issue a refund in respect of any services not yet performed.  However, we may make deductions from the price, as described below.

    5. When we may make deduction from refunds if you are a consumer exercising your right to change your mind. If you are exercising your right to change your mind: 

      • (a) We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the products, if this has been caused by your handling them in a way which would not be permitted in a shop. 

      • (b) The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. 

      • (c) In relation to services, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract.

    6. When your refund will be made. We will make any refunds due to you as soon as possible.  If you are a consumer exercising your right to change your mind then:

      1. (a) In relation to products and we have not offered to collect them, your refund will be made within 14 days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. 

      2. (b) In all other cases, your refund will be made within 14 days of your telling us you have changed your mind

  10. Our rights to end the contract

    1. We may end the contract if you break it. We may end the contract for a service/product at any time by writing to you if:

      • (a) you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;

      • (b) you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the service/products;

      • (c) you do not, within a reasonable time, allow us to deliver the products to you

    2. You must compensate us if you break the contract. If we end the contract in the situations set out in 10.1 we will refund any money you have paid in advance for services/products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.

  11. If there is a problem with the product

    1. How to tell us about problems. If you have any questions or complaints about the product, please contact us using the contact details set out in clause 1

  12. Your rights in respect of defective products 

    1. Statutory rights. If you are a consumer we are under a legal duty to supply products that are in conformity with this contract. Nothing in these terms will affect your legal rights.

    2. Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either return them to us or allow us to collect them from you.  We will pay the costs of postage or collection. Please contact us using the details set out in clause 1 to arrange a return. 

  13. Our responsibility for loss or damage 

    1. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the services/products and any other implied rights under the Consumer Rights Act 2015.

    2. What we are responsible for. Subject to clause 14.1 above, if we fail to comply with these terms, we are responsible for loss or damage you suffer (i) up to the maximum amount of the purchase price of the relevant service(s)/product(s), and (ii) that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill (but we are not responsible for any loss or damage that is not foreseeable). Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

    3. We are not liable for business losses. We only supply the services/products for to you for domestic and private use. You are not permitted to use our services/products commercially or re-sell our services/products under any circumstances, without our prior written consent.   If you do use the services/products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

    4. We are not liable for circumstances beyond our reasonable control.  We are not liable for failure to perform or delay in performing any obligation under these terms if the failure or delay is caused by any circumstances beyond our reasonable control.

  14. How we may use your personal information

    1. How we will use your personal information. We will only use your personal information as set out in our Privacy Policy.

  15. Other important terms

    1. We have the right to change or vary these terms and conditions at any time.  Unless otherwise required by applicable laws and regulations, you will be subject to the policies and terms and conditions in force at the time that you receive your order confirmation from us.

    2. We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.

    3. You need our consent to transfer your rights to someone else You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing. 

    4. Nobody else has any rights under this contract (except someone you pass your guarantee on to). This contract is between you and us. No other person shall have any rights to enforce any of its terms

    5. If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

    6. Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the products, we can still require you to make the payment at a later date.

    7. Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and the courts of England and Wales have exclusive jurisdiction in respect of any legal proceedings.