Terms of service

Bramble & Bear — Terms of Service

Overview

This website, www.bramblebear.store, is operated by Bramble & Bear ("Bramble & Bear", "we", "us" or "our"). We sell primarily to customers in the United States. We offer this website, including all information, tools and services available from it, to you, the user, on the condition that you accept all the terms, conditions, policies and notices set out here.

By visiting our site or buying something from us, you take part in our "Service" and agree to be bound by these Terms of Service ("Terms"), including any additional terms, conditions and policies referred to here or available by hyperlink. These Terms apply to all users of the site, including browsers, customers and anyone who contributes content.

Please read these Terms carefully before using our website. If you do not agree with any part of them, please do not use the website or any of our Services.

Any new features or tools added to the store are also subject to these Terms. You can review the most current version of the Terms at any time on this page. We may update or change any part of these Terms by posting updates on our website, and it is your responsibility to check this page from time to time. Continuing to use the website after changes are posted means you accept those changes.

Our store is hosted on Shopify Inc., which provides the online e-commerce platform that allows us to sell our products and services to you.

Nothing in these Terms affects your legal rights as a consumer under the law of the country where you live.

Section 1 – Online store terms

By agreeing to these Terms, you confirm that you are at least the age of majority in your state, province or country of residence. Our toys are designed for children, but all purchases must be made by an adult. You may not use our products for any illegal or unauthorised purpose, and you must not break any laws in your jurisdiction (including copyright laws) when using the Service.

You must not transmit any worms, viruses or code of a destructive nature. Breaking any of these Terms will result in immediate termination of your access to our Services.

Section 2 – General conditions

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

You understand that your content (not including credit card information) may be transferred unencrypted, and may be sent across various networks or changed to meet the 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 part 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 our express written permission.

The headings in these Terms are for convenience only and do not limit or otherwise affect them.

Section 3 – Accuracy of information

We work hard to keep the information on this site accurate, complete and up to date, but we cannot guarantee it always will be. The material on this site is for general information only and should not be relied on as the sole basis for making decisions without checking more accurate, complete or timely sources.

This site may contain historical information, which is not necessarily current and is provided for reference only. We may change the contents of this site at any time, but we are under no obligation to update any information on it. You agree that it is your responsibility to keep an eye on changes to our site.

Section 4 – Changes to the service and prices

Prices for our products may change without notice. Prices are shown in the currency selected on our website at checkout. Any promotional prices, discounts or free shipping offers (including seasonal and Christmas offers) are available only for the period stated and while stocks last.

We reserve the right to change or discontinue the Service, or any part of it, at any time without notice. Once you have placed an order, the price you paid will not change.

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

Section 5 – Products, toy safety and age guidance

Some products may be available only online through our website, and may be available in limited quantities. They can be returned or exchanged only in line with our Refund Policy.

We make every effort to show the colours and images of our products as accurately as possible. However, we cannot guarantee that your screen will display colours exactly, and small differences in colour, size or packaging may occur.

We may limit the sale of our products to any person, geographic region or jurisdiction, and may limit the quantities of any product we offer. All product descriptions and prices may change at any time without notice. We may discontinue any product at any time. Any offer for a product made on this site is void where prohibited.

Toy safety and age guidance. Every toy listing shows a recommended age range. Please follow the age guidance and any warnings shown on the listing and on the packaging. Toys marked as not suitable for children under 3 may contain small parts that could be a choking hazard. Adult supervision is recommended during play, especially for younger children. Please check toys regularly for wear or damage and stop using any toy that is broken. Remove all packaging before giving a toy to a child.

Batteries, where needed, should be fitted by an adult and kept out of reach of children. Unless a listing says otherwise, batteries are not included.

We do not guarantee that the quality of any products or other material you buy will meet your expectations, or that any errors in the Service will be corrected. This does not affect your legal rights if a product is faulty, unsafe or not as described.

Section 6 – Orders, billing and account information

We may refuse or cancel any order you place with us. We may, at our discretion, limit or cancel quantities bought per person, per household or per order. This may include orders placed by or under the same customer account, the same payment card, or orders that use the same billing or shipping address. If we change or cancel an order, we will try to let you know by contacting the email address, billing address or phone number given when the order was made, and any payment taken for a cancelled order will be refunded in full. 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 at our store. You agree to promptly update your account and other information, including your email address, card numbers and expiry dates, so that we can complete your orders and contact you when needed.

For more details, please see our Refund Policy.

Section 7 – Shipping and delivery

Our products are sent directly to you from our trusted suppliers and fulfilment partners, which may be located in different countries. Estimated delivery times are shown on our Shipping Policy page and at checkout. These are estimates, not guarantees, and may be longer during busy periods such as Christmas.

If you are buying gifts for a specific date, please order early and check the latest recommended order dates on our Shipping Policy page. We cannot be responsible for delays caused by couriers, customs, weather or other events outside our control, but we will always help you track your order and resolve any problems.

If your order is shipped to a country outside the one it is sent from, it may be subject to import duties or taxes charged by your country. Please check our Shipping Policy for how these are handled.

Where a free shipping offer applies, it covers our standard shipping service only.

If your order has not arrived within the estimated delivery time, please contact us at bramblebearstore@outlook.com and we will look into it.

Section 8 – Returns, refunds and your statutory rights

Returns and refunds are handled under our Refund Policy, which forms part of these Terms.

If an item arrives faulty, damaged or not as described, please contact us and we will put it right. Customers in the United States have rights under federal and state consumer protection laws, and customers in other countries may have similar rights under their local law.

Nothing in these Terms or our Refund Policy limits or excludes any rights you have by law.

Section 9 – Optional tools and third-party links

We may give you access to third-party tools that we neither monitor nor control. These tools are provided "as is" and "as available", without any warranties or endorsement, and we accept no liability arising from your use of them. Your use of any optional tools is at your own risk, and you should make sure you are happy with the terms of the relevant third-party provider.

Some content, products and services on our site may come from third parties. Links to third-party websites may take you to sites that are not affiliated with us. We are not responsible for checking the content or accuracy of those sites and do not accept any liability for third-party materials, websites, products or services. Please review a third party's policies carefully before making any purchase from them. Complaints, claims or questions about third-party products should be directed to the third party.

Section 10 – Comments, reviews and feedback

If you send us reviews, photos, ideas, suggestions or other materials, whether online, by email or otherwise ("comments"), you agree that we may use, edit, copy, publish and share them in any medium without restriction. We are under no obligation to keep comments confidential, pay compensation for them, or respond to them.

We may, but are not required to, monitor, edit or remove content that we decide is unlawful, offensive, threatening, defamatory, obscene or otherwise objectionable, or that breaks anyone's intellectual property or these Terms.

You agree that your comments will not break any rights of any third party, including copyright, trademark, privacy or personal rights. You agree that your comments will not contain unlawful, abusive or obscene material, or any computer virus or other malware. You must not use a false email address, pretend to be someone else, or mislead us or others about where a comment came from. Please do not include photos of children in reviews unless you are their parent or guardian and are happy for the photo to be public. You are solely responsible for any comments you make and their accuracy.

Section 11 – Personal information

Your submission of personal information through the store is governed by our Privacy Policy. Our website is intended for use by adults, and we do not knowingly collect personal information from children.

Section 12 – Errors, inaccuracies and omissions

Occasionally there may be information on our site that contains typing errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, delivery 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 is inaccurate at any time without prior notice, including after you have submitted your order. If we cancel an order for this reason, we will refund you in full.

We are under no obligation to update, amend or clarify information on the site, except as required by law.

Section 13 – Prohibited uses

As well as the other restrictions in these Terms, you may not use the site or its content:

for any unlawful purpose, or to encourage others to take part in unlawful acts;
to break any international, national or local laws or regulations;
to infringe our intellectual property rights or those of others;
to harass, abuse, insult, harm, defame, slander, intimidate or discriminate against anyone;
to submit false or misleading information;
to upload or transmit viruses or any other malicious code;
to collect or track other people's personal information;
to spam, phish, pharm, pretext, spider, crawl or scrape;
for any obscene or immoral purpose; or
to interfere with or get around the security features of the Service or any related website.

We may end your use of the Service or any related website for breaking any of these prohibited uses.

Section 14 – Disclaimer and limitation of liability

We do not guarantee that your use of our website will be uninterrupted, timely, secure or error-free, or that the results you get from using it will be accurate or reliable. From time to time we may remove the Service for periods of time or cancel it without notice to you.

Apart from the guarantees given to you by law, the Service and all products delivered to you through it are provided "as is" and "as available", and we make no other promises about them.

We are not responsible for any loss or damage that was not reasonably foreseeable when you placed your order, or for any business losses such as lost profits or lost opportunities. Where we are liable to you, our total liability for any order will not be more than the price you paid for that order.

Nothing in these Terms limits or excludes our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, for defective products under product liability laws, or for anything else that cannot be limited or excluded by law. In some countries or states, certain exclusions or limits of liability are not allowed, so some of the above may not apply to you.

Section 15 – Indemnification

You agree to cover Bramble & Bear and our suppliers, service providers and partners against any claim or demand, including reasonable legal fees, made by any third party because you broke these Terms or the documents they refer to, or because you broke any law or the rights of a third party.

Section 16 – Severability and termination

If any part of these Terms is found to be unlawful, void or unenforceable, that part will still be enforced to the fullest extent the law allows, and the rest of these Terms will remain valid and enforceable.

The obligations and liabilities of both parties that arose before termination will survive the termination of this agreement. These Terms remain in effect unless and until ended by either you or us. You may end them at any time by telling us that you no longer wish to use our Services, or by stopping using our site. If we reasonably believe you have broken any of these Terms, we may end this agreement at any time without notice and may deny you access to our Services.

Section 17 – Entire agreement

If we fail to use or enforce any right or provision of these Terms, that does not mean we have waived it. These Terms, together with any policies or operating rules posted on this site (including our Privacy, Refund and Shipping Policies), make up the entire agreement between you and us and replace any earlier agreements, communications or proposals.

Section 18 – Governing law

These Terms and any separate agreements under which we provide you Services are governed by the laws of the United States. If you live outside the United States, you keep the protection of any mandatory consumer laws of the country where you live.

Section 19 – Changes to these terms

You can review the most current version of these Terms at any time on this page. We may update, change or replace any part of these Terms by posting updates on our website. It is your responsibility to check our website from time to time. Your continued use of the website after any changes are posted means you accept them. Changes will not affect orders you have already placed.