Brooks ReStart Terms of Sale

These Terms of Sale ("Terms") govern the sale of pre-owned Brooks gear (“Products”) via the Trove.com solution. Trove is integrated via the Brooks ReStart website https://restart.brooksrunning.com/ (“Brooks ReStart” or “Site”), a Brooks Sports, B.V. (“Brooks”) online shop.

If you have any question regarding the Site or these Terms, please refer to our Frequently Asked Questions. All other questions or comments about the Services should be directed to Trove Customer Service at help@restart.brooksrunning.com

1. Privacy Policy

Please refer to our Privacy Policy for information about how Brooks collects, uses and discloses the personal information of our users.

2. Terms of Sale

All sales made through Brooks ReStart are governed by the Trove Terms of Sale, below. Please refer to these Terms of Sale for the terms, conditions and policies applicable to your online purchases from Brooks ReStart. These Terms of Sale are subject to change without notice, at any time and in our sole discretion, so you should review these Terms of Sale each time you make a purchase through the Site. Changes will not apply retroactively to orders you have already placed, and the Terms of Sale in force at the time of your order will govern that purchase.

a. Pricing; Orders; Taxes All prices are shown in pounds and are inclusive of applicable taxes (including VAT where applicable). All items are pre-owned, sold in the condition described, subject to availability, and may be subject to quantity limits on any order. The prices listed via Brooks ReStart are only advertisements and are not offers to form an agreement. By placing an order via Brooks ReStart, you are making an offer to Trove to purchase Products. Any order shall be subject to acceptance by Trove and Trove may reject all or any part of an order and discontinue Products without notice. In addition, order confirmation emails are subject to Product availability and will include an estimated shipping timeline. All prices are subject to change without notice, and you agree that taxes may be adjusted from the amount shown on the payment checkout screens. Several factors may cause this adjustment, such as variances between processor programs and changes in tax rates. Confirmation of additional information may be necessary prior to the acceptance of an order. You will be responsible for any applicable sales or use taxes, duties or other governmental taxes or fees payable in connection with your purchase.

b. Errors
We attempt to be as accurate as possible and to eliminate errors on Brooks ReStart; however, we do not represent or warrant that any Product, service, description, photograph, pricing or other information is accurate, complete, reliable, current or error-free. In the event of an error, whether on Brooks ReStart, in an order confirmation, in processing an order, when delivering a Product or otherwise, we reserve the right to correct such error and revise your order accordingly (including charging the correct price, or updating the shipping timeline) or to cancel the order and refund any amount charged. Your sole remedy in the event of an error is to return the Product or obtain a refund in accordance with the requirements for returns provided in Section e (Returns and Exchanges) of these Terms.

c. Shipping & Handling; Export
Shipping is only available in the United Kingdom, and the following locations are excluded: Guernsey, Jersey, Alderny, Sark Islands, Herm & Gibraltar, and the Isle of Man. You agree to pay all shipping and handling charges shown to you at the time you place your order. We reserve the right to increase, decrease, add or eliminate these charges from time to time, and you agree to check all charges prior to placing an order. In general, we ship all Products by standard ground delivery. Shipping and handling charges displayed during the checkout process may or may not reflect actual costs. All orders placed through the Site are shipment contracts, not destination contracts, so the title and risk of loss or damage to all Products purchased via Brooks ReStart will pass to you upon Trove’s delivery of the products to you. Any shipping or delivery dates or times shown on Brooks ReStart are estimates only and actual delivery dates and times may vary. You agree that you will not obtain or direct shipment of any product purchased through the Site for export.

d. Payment; Credit for Refunds
Only valid credit or debit cards be used to make purchases on Brooks ReStart.  All refunds will be credited to the same credit or debit card used to make the original purchase or, in our discretion, to another payment method, minus applicable shipping and handling fees. By submitting an order through Brooks ReStart, you represent and warrant that you are authorized to use the designated credit card or other payment method and authorize Trove to charge that card or other payment method for the purchase amount of your order (including taxes, shipping, handling and any other amounts described on the Services). When you provide your payment information, you authorize us (or a third party service provider working on our behalf) to process and store your payment and other related information. In the event that the credit card or other payment method you designate cannot be verified, is invalid or is not otherwise acceptable, we may suspend or cancel your order automatically. You are responsible for resolving any problem we encounter in order to proceed with your order.

e. Returns and Exchanges; Your legal right to withdraw from the contract (distance sales). If you are a consumer, you have the legal right to withdraw from your sales contract within 14 days without giving any reason. The withdrawal period ends 14 days after the day you (or someone you nominate) receive the goods. To withdraw, click the link in the footer of the ReStart page and fill out the form. If you withdraw, we will refund all payments received from you, including the cost of standard delivery (but not any extra cost if you chose a more expensive delivery option), within 14 days of receiving the goods back or your evidence of return, using the same means of payment you used and with no fee. You must return the goods without undue delay and in any event within 14 days of telling us you are withdrawing. You are responsible for the direct cost of returning the goods, which is the return shipping label available through our ReStart Returns Centre. We may reduce your refund to reflect any handling of the goods beyond what is necessary to establish their nature, characteristics and condition. In addition to your legal cancellation right, and separately from it: If you are not completely satisfied with your purchase from Trove within the first thirty (30) days after your purchase via Brooks ReStart, we will provide a refund to the original form of payment, minus applicable shipping and handling fees. General information and instructions regarding returns can be found in our ReStart Returns Centre. Only products purchased on Brooks ReStart are eligible for returns to Brooks ReStart.  To make a return within this policy, please visit our ReStart Returns Centre to initiate your return and create your return shipping label. The title and risk of loss or damage to any products returned to Trove, whether or not worn or used, will pass to Trove upon its actual receipt and acceptance of such returned products. If you believe a product sold by Trove via Brooks ReStart has a condition or defect that might make it unsafe, please report this safety concern to productsafety@brooksrunning.com immediately.

3. Eligibility

Brooks Restart is not targeted towards, nor intended for use by, anyone under the age of 13. If you are under the age of 18, or age of legal majority under applicable law, you may only use Brooks ReStart under the supervision of a parent or legal guardian who agrees to be bound by these Terms. By using Brooks ReStart, you represent and warrant that you (a) have not been previously suspended or removed from Brooks ReStart; and (b) have full power and authority to enter into this agreement and that, in doing so, you will not violate any other agreement to which you are a party.

In consideration of your use of Brooks ReStart, you agree to (v) not make fraudulent transactions; (w) provide accurate, current and complete information; and (x) promptly notify Trove if you discover or otherwise suspect any security breaches related to Brooks ReStart. You agree to not engage in any unlawful activity while using Brooks ReStart.

4. Complaints and Legal Notices

All complaints and legal notices should be sent to Trove.

5. Disclaimer

The Services contain items that are pre-owned and may contain reasonable wear and tear. Normal signs of prior use must be expected and do not constitute a defect, where they are consistent with the item's described condition and age. Any specific defects or damage will be described or shown to you before you buy, and those described characteristics will not be treated as making the item of unsatisfactory quality. TROVE DOES NOT REPRESENT OR WARRANT THAT CONTENT ON BROOKS RESTART IS ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE.

Nothing in these Terms excludes or limits your statutory rights under the Consumer Rights Act 2015, including your rights that goods be of satisfactory quality, fit for purpose and as described. We are under a legal duty to supply goods that conform to these Terms and to your statutory rights.

6. Limitation of Liability

Nothing in these Terms limits or excludes Trove’s liability for: (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; (c) any breach of your statutory rights under the Consumer Rights Act 2015; or (d) any other liability that cannot be excluded or limited under UK law. Subject to the above: IN NO EVENT SHALL BROOKS, OUR DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE PRODUCTS, SERVICES, OR THE CONTENT CONTAINED IN OR ACCESSED THROUGH THE SERVICES, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM BROOKS, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO BROOKS' RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF BROOKS, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE TERMS, OR TO THE USE OF OR INABILITY TO USE THE PRODUCTS OR SERVICES, EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO BROOKS FOR ACCESS TO OR USE OF THE PRODUCTS OR SERVICES. Because our products are sold to you as a consumer for private use, we are not liable for any business losses, and we are not liable for any loss or damage that was not foreseeable at the time the contract was made.

7. Governing Law and Jurisdiction

These Terms, and any dispute or claim arising out of or in connection with them, their subject matter or formation (including non-contractual disputes or claims), are governed by and construed in accordance with the laws of England and Wales. You and Trove agree that the courts of England and Wales have non-exclusive jurisdiction to settle any such dispute, except that if you live in Scotland you may also bring proceedings in Scotland, and if you live in Northern Ireland you may also bring proceedings in Northern Ireland. Nothing in these Terms affects your statutory rights as a consumer or your right to rely on the mandatory consumer-protection laws of the part of the UK in which you live.

8. Severability

If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.