General Terms of Service
PRESENTATION
This website is operated by Edward Barker. Throughout the website, the terms “we”, “our”, and “us” refer to Edward Barker. Edward Barker provides this website to you as a user, including all information, tools, and services available here, on the condition that you accept all the terms, conditions, policies, and notices stated here.
By visiting our website and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following General Terms of Service (“Service Terms”, “Terms”), including the additional terms and policies referenced in this document and/or available via hyperlink. These Service Terms apply to all users of the website, including, but not limited to, users who are browsers, vendors, customers, merchants, and/or contributors of content.
Please read these Service Terms carefully before accessing or using our website. By accessing or using any part of the website, you agree to be bound by these Service Terms. If you do not agree to all the terms and conditions of this agreement, you may not access the website or use the services. If these Service Terms are considered an offer, acceptance is expressly limited to these Service Terms.
Any new tool or feature added to the current store is also subject to the Service Terms. You can review the latest version of the Service Terms at any time on this page. We reserve the right to update, change, or replace any part of these Service Terms by posting updates and/or changes on our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website after changes are posted constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Service Terms, you represent that you are at least the age of majority in your state or province, or that you are the age of majority in your state or province and have given us your consent to allow any minor under your responsibility to use this site.
You may not use our products for any illegal or unauthorised purpose, nor may you, in using the service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not, under any circumstances, transmit worms, viruses, or any other destructive code.
A breach or violation of any of these Terms will result in immediate termination of your Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse to provide the service to anyone for any reason at any time.
You understand that your content (excluding credit card information) may be transferred unencrypted and may involve (a) transmissions over various networks and (b) changes to conform and adapt to technical requirements of 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 from us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION
We are not responsible if the information made available on this website is not accurate, complete, or current. The content on this site is provided for general information only and should not be relied upon as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the content on this site is at your own risk.
This site may contain certain historical information. Historical information is not necessarily current and is provided for reference only. We reserve the right to modify the content of this website at any time, but we have no obligation to update any information herein. You acknowledge that it is your responsibility to monitor changes to our site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right to modify or discontinue the service (or any part or content thereof) without notice at any time.
We are not liable to you or any third party for any modification, price change, suspension, or discontinuation of the service.
SECTION 5 – PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may be available in limited quantities and are subject to return or exchange only in accordance with our refund policy: [LINK TO REFUND POLICY]
We have made every effort to display the colours and images of our products shown in the store as accurately as possible. We cannot guarantee that your computer monitor’s display of colours will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any product or service we offer. All descriptions of products or product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for a product or service made on this site is void where prohibited.
We do not guarantee that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, nor do we guarantee that any errors in the service will be corrected.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, at 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 using the same billing and/or shipping address. In the event that we modify or cancel an order, we may attempt to notify you by contacting the email address and/or billing address/phone number provided at the time of the order. We reserve the right to limit or prohibit orders that, in our judgement, 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 in our store. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so we can complete your transactions and contact you as needed.
For more information, please review our refund policy.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools, which we neither monitor nor have control over.
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 of these optional tools offered through the website is entirely at your own risk, and it is your responsibility to ensure that you are familiar with and approve of the terms under which the 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 will also be subject to these Service Terms.
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 accuracy of their content, and we do not warrant and will not have any liability 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 third-party websites. Please review the third party’s policies and practices carefully and ensure you understand them before engaging in any transactions. Complaints, claims, concerns, or questions regarding third-party products should be directed to the respective third party.
SECTION 9 – USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (e.g., contest entries), or if, without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by post, or otherwise (collectively, “comments”), you agree that we may, at any time and without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us. We are and shall not be obligated to (1) maintain the confidentiality of comments, (2) pay compensation for comments, or (3) respond to comments.
We may, but are not obligated to, monitor, edit, or remove content that we determine, at our sole discretion, to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene, or otherwise objectionable or that violates any party’s intellectual property rights or these Service Terms.
You agree that your comments will not violate any third-party rights, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your comments will not contain libellous or otherwise unlawful, abusive, or obscene material or contain any 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 email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility for 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, which can be viewed here.
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, 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 and without prior notice (including after you have submitted your order).
We have no obligation to update, amend, or clarify information in the service or on any related website, including, but not limited to, pricing information, except as required by law. No specified update date in the service or on any related website should be taken as an indication 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 set forth in the Service Terms, you are prohibited from using the website 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, laws, or local ordinances; (d) to infringe upon or violate our or others’ intellectual property rights; (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 affects the functionality or operation of the service or any related website, other websites, or the internet; (h) to collect or track the personal information of others; (i) for spam, phishing, 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 that your use of our service will be uninterrupted, timely, secure, or error-free.
We do not guarantee that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that we may remove the service for indefinite periods or cancel it at any time without notice.
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 (unless otherwise expressly stated by us) provided “as is” and “as available” for your use, without any representations, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, fitness for a particular purpose, durability, title, and non-infringement.
In no event shall Edward Barker, 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 the service or any products procured through 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. As certain states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability in such states or jurisdictions shall be limited to the extent permitted by law.
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Edward Barker and our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, suppliers, interns, and employees from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Service Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
SECTION 15 – SEVERABILITY
If any provision of these Service Terms 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 severed from these Service Terms. 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 Service Terms are effective unless and until terminated by either you or us. You may terminate these Service Terms 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 judgement, we find, or suspect, that you have failed to comply with any term or provision of these Service Terms, we may also 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. We may also deny you access to our Services (or any part thereof).
SECTION 17 – ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Service Terms shall not constitute a waiver of such right or provision.
These Service Terms and any policies or operating rules posted by us on this site or in relation to the Service constitute 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 Service Terms).
Any ambiguities in the interpretation of these Service Terms shall not be construed against the drafting party.
SECTION 18 – GOVERNING LAW
These Service Terms and any separate agreements whereby we provide Services to you shall be governed by and construed in accordance with the laws of the UK.
SECTION 19 – CHANGES TO TERMS OF SERVICE
You can review the latest version of the Service Terms at any time on this page.
We reserve the right, at our sole discretion, to update, change, or replace any part of these Service Terms by posting updates and changes on 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 Service Terms constitutes acceptance of those changes.
SECTION 20 – CONTACT INFORMATION
Questions about the Service Terms should be sent to us at contact@edward-barker.com.