Terms & Conditions - Braw Scots Prints

TERMS & CONDITIONS

Thank you for your interest in Braw Scots Prints Products! Below are our Terms & Conditions, Returns Policy, and Privacy Policy. If you have any queries about the below information, please feel free to contact us on Emma@brawscotsprints.com

TERMS AND CONDITIONS

OVERVIEW

This website is operated by Braw Scots Prints. Throughout the site, the terms “we”, “us” and “our” refer to Braw Scots Prints. Braw Scots Prints offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on GoDaddy. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

SECTION 1 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 2 – HOW TO PLACE AN ORDER

Payment is taken when you place your order at checkout, and you will be sent an email confirming your order. Please keep hold of your order confirmation, as we may refer to it in future communications. We may deny a purchase order for various reasons, for example if you provide incorrect personal data and/or have a record for non-payment of debt.

You may cancel your order up to 14 days after you have received the goods. If the goods have been dispatched to you already, then we may require the return of the goods before you receive a refund, and you will be responsible for return shipping costs. These terms apply to our standard non-customised products, please see ‘Section 6 – Right to Cancel’ for further details on our customised products.

We may cancel an order if the products ordered are sold out or otherwise unavailable. We will then refund any amount paid in full.

All products ordered remain our property until we have received payment in full for them.

SECTION 3 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. We are not responsible for ensuring that the information that you provide us with is correct and complete.

For more detail, please review our Returns Policy.

SECTION 4 – PRICES

The prices indicated on the website www.brawscotsprints apply to orders placed on www.brawscotsprints.com. All prices are in GBP, and orders will be processed in GBP. The prices shown do not include shipping fees, but you will be shown the shipping fee before you check out. Please note that depending on your location, other charges such as currency conversion fees, credit or bank fees, customs fees etc. may apply depending on your local regulations. These charges are your responsibility, and will not be refunded by us.

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 – SHIPPING AND DELIVERY

Unframed prints and greeting cards will usually be dispatched within 1-3 working days. Framed prints will usually be dispatched within 5-7 working days.

Within the UK, most orders arrive within 1-3 working days from dispatch. International deliveries usually arrive within 7-14 working days from dispatch, but we ask our international customers to allow up to 42 days from dispatch to delivery, in case of delays in customs or with your local postal service. Please note that we are unable to guarantee delivery times, as they out of our control.

Please feel free to contact us at any point if you have any queries about your order, via email on emma@brawscotsprints.com.

If your order is shipped via a tracked and signed service, or if it is too large to fit through the letterbox and you are not available to take delivery, then the delivery service may hold your order at a collection point and leave a card with instructions for collection or redelivery. You are required to collect or arrange redelivery of your order within the time specified by the delivery service. If you do not collect or arrange redelivery in time, the order may be sent back to us. If this is the case, you will be responsible for the costs of posting your order again.

We will ship your order to the shipping address provided at the time of order, and we are not responsible for ensuring that your address is correct or complete. If the order is returned to use due to an address error that is not due to us, you will be responsible for the costs of re-shipping.

SECTION 6 – RIGHT TO CANCEL

You may cancel your order by emailing us (emma@brawscotsprints.com) within 14 days from the day that you receive your order. You must send us a cancellation notification with your name, delivery address and order number, and a specification of which products you wish to cancel. You may use the provided cancellation form to do this. We will reply by email to confirm if you are eligible for a refund. If your order has already been dispatched, you must then return the cancelled products back to us at your own expense within 14 days from the date of the cancellation notification.

When an order is cancelled by you, we will refund the price that you have paid for the cancelled products, including any shipping costs for standard delivery to you (standard delivery is the cheapest available method of delivery, so you will not get a refund for extra costs if you have chosen to upgrade your delivery method). You are responsible for ensuring that the returned goods arrive back with us in their original condition. If the products have been damaged, either by yourself or in return transit, we reserve the right to deduct any loss of value from your refund. Shipping costs will only be refunded if your order is returned in full, and will not be refunded if you only cancel parts of an order.

You will be refunded as soon as possible, and within 14 days of the cancellation notification. Please note however that the payment will be delayed until we have received the returned products. We recommend using a tracked and insured method of returned shipping. This will ensure that you are covered in the unlikely event that your order is damaged or lost in the mail. The refund will be paid with the same payment method that you paid with unless otherwise agreed.

Your right to cancel does not apply to customised products, as these will have been made to your specifications and cannot be re-sold. If we are creating a custom illustration for you and you wish to cancel your order, you may still be required to pay for any hours already worked on your project.

SECTION 7 – OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 – THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 – PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Braw Scots Prints, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Braw Scots Prints and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 – SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of England.

SECTION 19 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these

SECTION 20 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at emma@brawscotsprints.com

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RETURNS POLICY

OUR RETURNS POLICY IN SHORT

* We hope that you love your order as much as we loved making it for you! However, if you decide that you would like to return your order, you have 14 days to return an order after receiving it. Please contact us at emma@brawscotsprints.com before returning the item.

* Unless arrangements are made with us, you are responsible for the costs of return shipping.

* Please note that exceptions may apply for the return of certain custom-made, hygienic and other products.

* If you have any questions, please contact us at emma@brawscotsprints.com

RIGHT TO CANCEL

You may cancel your order by emailing us (emma@brawscotsprints.com

) within 14 days from the day that you receive your order. You must send us a cancellation notification with your name, delivery address and order number, and a specification of which products you wish to cancel. You may use the provided cancellation form to do this. We will reply by email to confirm if you are eligible for a refund. If your order has already been dispatched, you must then return the cancelled products back to us at your own expense within 14 days from the date of the cancellation notification.

REFUNDS

LATE OR MISSING REFUNDS

If we have confirmed that the refund has been paid and you haven’t received the refund yet, first check your bank account again. Then contact your credit card company, it may take some time before your refund is officially posted. Next contact your bank. There is often some processing time before a refund is posted. If you’ve done all of this and you still have not received your refund yet, please contact us at emma@brawscotsprints.com