Terms of Service
Copyright © 2021 Oh My Clumsy Heart. Subject to the express provisions of these terms and conditions: (a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and (b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.
LICENSE TO USE THIS WEBSITE
You may only use our website for your own personal purposes, and you must not use our website for any other purposes. Except as expressly permitted by these Terms of Service, you must not edit or otherwise modify any material on our website. Unless you own or control the relevant rights in the material, or have received written permission to do so, you must not: (a) republish material from our website (including republication on another website); (b) sell, rent or sub-license material from our website; (c) show any material from our website in public; (d) exploit material from our website for a commercial purpose; or (e) redistribute material from our website. We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
You must not: (a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website; (b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity; (c) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software; (d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent; (e) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing). You must not use data collected from our website to contact individuals, companies or other persons or entities. You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.
CANCELLATION, SUSPENSION, OR CHANGES TO PRODUCTS OR SERVICES
We may: (a) limit the sales of our products to any person, geographic region or jurisdiction and we may do so on a case-by-case basis; (b) limit the quantities of any products or services that we offer; (c) refuse any order you place with us; (d) 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; (e) limit or prohibit orders that, in our sole judgment, appear to be placed by unauthorised dealers, resellers or distributors; (f) change descriptions of products or the product price at anytime without notice or justification; (g) discontinue any product or service at any time in our sole discretion without notice or explanation. However, an attempt will be made to notify you via the e-mail and/or billing address/phone number provided at the time the order was made. You may cancel, refund or exchange your order under the terms and conditions of our Returns and Refunds Policy.
YOUR CONTENT: LICENSE
In these terms and conditions, "your content" means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website. You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media / reproduce, store and publish your content on and in relation to this website and any successor website / reproduce, store and, with your specific consent, publish your content on and in relation to this website. Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.
We do not guarantee, represent or warrant: (a) the completeness or accuracy of the information published on our website; (b) that the material on the website is up to date; (c) that the website or any service on the website will remain available; (d) that use of our service will be uninterrupted, timely, secure or error-free; (d) that images of our products including their colour are accurately displayed on your computer monitor. We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation. 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). 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 Oh My Clumsy Heart, 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.
BREACHES OF THESE TERMS OF SERVICE
Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may: (a) send you one or more formal warnings; (b) temporarily suspend your access to our website; (c) permanently prohibit you from accessing our website; (d) block computers using your IP address from accessing our website; (e) contact any or all your internet service providers and request that they block your access to our website; (f) commence legal action against you, whether for breach of contract or otherwise; and/or (g) suspend or delete your account on our website. Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
We may revise these terms and conditions from time to time. The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.
Your submission of personal information through the store is governed by our Privacy and Cookies Policy.
THIRD PARTY RIGHTS
These Terms of Service are for our benefit and your benefit, and these Terms of Service are not intended to benefit or be enforceable by any third party. The exercise of the parties' rights under these Terms of Service is not subject to the consent of any third party. 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.
These Terms of Service, together with Privacy and Cookies Policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.
This website is owned and operated by Oh My Clumsy Heart (Sophie Davies). We are a registered business and our registered office is at Oh My Clumsy Heart, Workshop 10, Spectacle Works, 16-26 Hylton Street, Hockley, Birmingham, West Midlands, B18 6HT. Our principal place of business is at Oh My Clumsy Heart, Workshop 5, Spectacle Works, 16-26 Hylton Street, Hockley, Birmingham, West Midlands, B18 6HQ. You can contact us by writing to the business address given above, by using our website contact form, or by email to firstname.lastname@example.org