TERMS
&
CONDITIONS
SARAH COSBY
Welcome to sarahcosby.com terms & conditions for use. For the purposes of this agreement, “Site” refers to the Company’s website. “Service” refers to the Company’s services accessed via the Site, in which users can view information about Sarah’s products. The terms “we,” “us,” and “our” refer to the Company.
These Terms and Conditions shall apply to all contracts entered into by Sarah Cosby ("Sarah Cosby", "we," "us” and “our”.) “You” refers to you, as a user of this Site or a Service. By placing your order with us you are accepting these Terms and Conditions. Where you do not accept these Terms and Conditions in full, you do not have permission to access the contents of this website and should cease using it immediately.
G E N E R A L
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When we receive your order you will receive an automated e-mail reply acknowledging receipt. No contract shall come into existence until we have accepted your order. Your order will be accepted by us by way of a confirmatory e-mail ('Pro-Forma’) which will confirm that we are able to send you the goods you have ordered, the price and the estimated delivery date. The Pro-Forma shall contain all of the information regarding the goods you have ordered. We would advise you to immediately check the details contained in the Pro-Forma and we advise you to print and keep a copy of it. You are able to correct errors in your order up to the point of purchase.
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Your statutory rights shall remain unaffected by these Terms and Conditions, and except in accordance with these Terms and Conditions all purchases are non-exchangeable, non-refundable and non-transferable.
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Every care has been taken by us in the preparation of the content of our website, in particular to ensure that prices quoted are accurate at the time of posting the product on the website and that all products are fairly described. All prices and offers are subject to change.
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We have tried to ensure that the colours of products for sale appearing on our website are as near as possible to the actual products shown. However, the actual colours you see will be dictated by your computer equipment and screen, and therefore we are unable to guarantee the precise colour of the product on delivery.
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All products are subject to availability. We will inform you as soon as reasonably possible in the event that the goods you have ordered are unavailable. In the event that the goods that you have ordered are unavailable a full refund will be offered.
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All prices are displayed on the website in UK sterling. No VAT is charged. Payments can be made in UK sterling via wire transfer using debit or credit card, not Amex.
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If any part of this Terms of Use agreement is held or found to be invalid or unenforceable, that portion of the agreement will be construed as to be consistent with applicable law while the remaining portions of the agreement will remain in full force and effect. Any failure on our part to enforce any provision of this agreement will not be considered a waiver of our right to enforce such provision. Our rights under this agreement survive any transfer or termination of this agreement.
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You agree that any cause of action related to or arising out of your relationship with the Company must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
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We may assign or delegate these Terms of Service and/or our Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without our prior written consent, and any unauthorised assignment or delegation by you is void.
These Terms of Use and your use of the Site are governed by the laws of the England, without regard to conflict of law provisions.
YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THE TERMS OF USE, AND WILL BE BOUND BY THESE TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS OF USE REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.
C O N T R A C T
These conditions constitute the entire contact between us and the Purchaser as to the scale and the delivery of the goods. We will make every endeavour to deliver the same colours as shown but descriptions and illustrations of any Goods or Materials are in-tended to be only a general representation thereof and are not intended to be reliable with regard to details or colouring and the Purchaser shall not be entitled to reject the Goods or claim damages of any slight variation of shade.
E S T I M A T E S
This/these estimates remain open for acceptance for the period of thirty days hereof. In order to accept the estimate, the Purchaser must return the estimate duly signed together with the remittance required, 100% of the total price.
O R D E R C O N F I R M A T I O N
Purchase orders should be in writing and provide all information required to put the artwork or print in to production. Include; Purchaser name, address, tel and e-mail address, delivery details including the name and telephone no. of the person who will receive the order upon delivery, item name, medium, dimensions and other specific information pertinent to order. A Pro-Forma invoice will be issued from us to confirm order specifications.
P A Y M E N T S
All accounts with Sarah Cosby are strictly Pro-Forma. The Purchaser is liable for the full amount reflected upon the Pro Forma Invoice. Title to goods shall only pass when payment has been received in full. We reserve the right to vary the price charged to the Purchaser for the Goods in order to take in to account any adverse difference in exchange rates, or any variation in the cost to the Purchaser of materials, transportation or overheads arising between the date the price was first communicated to the Purchaser and the date of delivery or despatch of the Goods.
D E L I V E R Y
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We will aim to dispatch the goods ordered by you as soon as possible after your order has been accepted by us to the postal address you have given for the receipt of goods. The lead time is approx. 1-2 weeks from payment receipt. However, we cannot guarantee an exact delivery date and your goods may take longer to be dispatched if the goods you have ordered are not in stock at the time of placing your order or they are to be dispatched to an address outside of the UK.
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Postal charges payable for goods dispatched in the UK will be notified to you in the confirmatory email. Deliveries outside of the UK may be subject to import taxes and additional charges for which you are solely responsible. Please note that we have no control over these charges and cannot predict their amount.
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We are not responsible for goods if they are left unattended in a safe place by the delivery company. Any requests to the delivery company to leave the parcel unattended once delivered is at the customer’s own risk.
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Orders are sent with Royal Mail or by courier. We aim to deliver your order within approx. 1-2 weeks. However, due to the current impacts of Covid-19 delivery times maybe slower at the moment. Please provide an address where your delivery can be signed for to avoid delay, loss or damage.
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The Purchaser shall bear the risk of any and all loss occurring whilst the merchandise is in transit from the company to the recipient. We recommend that the Purchaser obtains insurance to cover such risk. We shall have no obligation to insure such merchandise against any losses. The Purchaser is not relieved of any obligation to pay for Goods damaged in transit or storage. The filing of claims for freight or storage damage is the responsibility of the Purchaser. It is the Purchasers (or their designated representatives) responsibility to be at the delivery address at the time of delivery. The goods must be properly examined and signed for “in good condition” before the driver leaves. The Purchaser is advised to write upon the Bill of Lading a description of any damages to goods or packaging, and to save all packing materials. In the event of damage, the Purchaser should contact the Transport Company immediately for an inspection.
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Any Goods for which delivery arrangements are not made within 14 days from payment will incur in a Storage fee of £12 + VAT per cubic metre per month.
UK Delivery: The company will provide the Purchaser with an estimated completion date for products ordered. However, the Purchaser acknowledges that this date is approximate. Due to various factors that may affect the time of manufacture of products, we will not be held liable for any specific production delay or final completion time period. All UK delivery dates quoted are FOB London. Additional shipping time should be assumed for delivery from London to final destination. Outside UK Delivery: All prices quoted are in UK Sterling. Ex works London.
R E T U R N S P O L I C Y
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If you cancel before the dispatch of any goods your money will be refunded and the goods will not be delivered.
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All damages and shortages must be notified within 48 hours from receipt of goods. Please send a photograph of the damaged item and packaging along with a description of the damage in writing.
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If a product does not meet original order specification within a reasonable degree of variation, we reserve the right to repair or re-make the item rather than accept a return.
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Refunds will be made to the credit or debit card used to purchase the item(s) in accordance with these terms and conditions.
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If you are returning an item because it is unsuitable, we shall only refund the cost of the returned item, and you will be fully liable for the postage paid when returning the item to us and when purchasing the item.
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All items being returned in accordance with this clause must be safely and securely packaged to avoid damage in transit. We shall not accept an item for refund if it has been damaged in transit or otherwise. We advise that when you are returning items to us, to use tracked postage, requiring a signature, as we are unable to refund items which are lost in the post. All goods shall remain your responsibility until we receive them.
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Products may be returned for a refund within 14 days of delivery receipt, undamaged and in re-saleable condition. Please contact us in advance to let us know if you would like a refund or exchange.
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In the unlikely event that goods are damaged in transit, we can only offer a partial refund after identifying how the damage occurred. We aim to resolve the issue as soon as possible. Any damage is to be reported to us within 48 hours of having been received at the delivery address.
P R I V A C Y P O L I C Y
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Sarah Cosby understands that your privacy is important to you and that you care about how your personal data is used and shared online. We respect and value the privacy of everyone who visits this website, www.sarahcosby.com (“Our Site”) and will only collect and use personal data in ways that are described here, and in a manner that is consistent with Our obligations and your rights under the law.
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Please read this Privacy Policy carefully and ensure that you understand it. Your acceptance of Our Privacy Policy is deemed to occur upon your first use of Our Site. If you do not accept and agree with this Privacy Policy, you must stop using Our Site immediately.
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All personal information you supply to us will be treated in accordance with Data Protection Act. The nature of this site means that we will obtain, use and may disclose/use (together “Use”) certain information about you (“Data”) for marketing purposes. This statement sets out the principles governing our Use of Data on this Site. By registering to use the Site you agree to this Use.
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When ordering goods, you will need to provide certain Data such as your contact details and demographic information. We will store this Data and may use it to contact you with details of our products for sale and otherwise for the normal use and improvement of our Site.
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We use Google Analytics to enable us to monitor and improve our Site, it may gather certain aggregated information about you when you use it, including details of your operating system, browser version, domain name and IP address, the URL you come from and go to and the parts of the Site you visit. This is the only third party we disclose information to.
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We endeavour to take all reasonable steps to protect your personal Data but cannot guarantee the security of any Data you disclose online. You accept the inherent security implications of being and transacting online over the Internet and will not hold us responsible for any breach of security unless we have been negligent or in wilful default.
O U R P R I V A C Y P O L I C Y
W E P R O M I S E :
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To keep your data safe and private
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Not to sell your data
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To give you ways to manage and review your marketing choices at any time.
1. D E F I N I T I O N S A N D I N T E R P R E T A T I O N
In this Policy, the following terms shall have the following meanings:
“Account” means an account required to access and/or use certain areas and features of Our Site
“Cookie” means a small text file placed on your computer or device by Our Site when you visit certain parts of Our Site and/or when you use certain features of Our Site. Details of the Cookies used by Our Site are set out in section 14 (below)
“Cookie Law” means the relevant parts of the Privacy and Electronic Communications (EC Directive) Regulations 2003
“Personal data” means any and all data that relates to an identifiable person who can be directly or indirectly identified from that data. In this case, it means personal data that you give to Us via Our Site. This definition shall, where applicable, incorporate the definitions provided in the EU Regulation 2016/679 – the General Data Protection Regulation (“GDPR”); and “We/Us/Our” means Sarah Cosby (Sole Trader)
2. A B O U T U S
Our Site is owned and operated by Sarah Cosby (Sole Trader).
3. W H A T D O E S T H I S P O L I C Y C O V E R ?
This Privacy Policy applies only to your use of Our Site. Our Site may contain links to other websites. Please note that We have no control over how your data is collected, stored, or used by other websites and We advise you to check the privacy policies of any such websites before providing any data to them.
4. Y O U R R I G H T S
You have the following rights under the GDPR, which this Policy and Our use of personal data have been designed to uphold:
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The right to be informed about Our collection and use of personal data
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The right of access to the personal data We hold about you
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The right to rectification if any personal data We hold about you is inaccurate or incomplete
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The right to be forgotten – i.e. the right to ask Us to delete any personal data We hold about you
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The right to restrict (i.e. prevent) the processing of your personal data
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The right to data portability (obtaining a copy of your personal data to re-use with another service or organization)
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The right to object to Us using your personal data for particular purposes
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Rights with respect to automated decision making and profiling.
If you have any cause for complaint about Our use of your personal data, please contact Us using the details provided under section 16 and We will do Our best to solve the problem for you. If We are unable to help, you also have the right to lodge a complaint with the UK’s supervisory authority, the Information Commissioner’s Office.
For further information about your rights, please contact the Information Commissioner’s Office or your local Citizens Advice Bureau.
5. W H A T D A T A D O W E C O L L E C T ?
Depending upon your use of Our Site, We may collect some or all of the following personal and non-personal data.
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Name
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Date of birth
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Gender
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Business/company name
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Job title
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Profession
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Contact information such as email addresses and telephone numbers
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Demographic information such as post code, preferences, and interests
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Financial information such as credit/debit card numbers
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IP address
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Web browser type and version
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Operating system
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A list of URLs starting with a referring site, your activity on Our Site, and the site you exit to
6. H O W D O W E U S E Y O U R D A T A ?
All personal data is processed and stored securely, for no longer than is necessary in light of the reason(s) for which it was first collected. We will comply with Our obligations and safeguard your rights under the GDPR at all times.
Our use of your personal data will always have a lawful basis, either because it is necessary for Our performance of a contract with you, because you have consented to Our use of your personal data (e.g. by subscribing to emails), or because it is in Our legitimate interests. Specifically, We may use your data for the following purposes:
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Providing and managing your Account
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Providing and managing your access to Our Site
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Personalizing and tailoring your experience on Our Site
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Supplying Our products and/or services to you (please note that We require your personal data in order to enter into a contract with you)
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Personalizing and tailoring Our products and/or services for you
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Replying to emails from you
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Supplying you with emails that you have opted into (you may unsubscribe or opt-out at any time by clicking on the unsubscribe link at the base of emails or by emailing us directly requesting your email address to be removed from our mailing list
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Market research
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Analyzing your use of Our Site and gathering feedback to enable Us to continually improve Our Site and your user experience
With your permission and/or where permitted by law, We may also use your data for marketing purposes which may include contacting you by email, telephone, text message or post with information, news and offers on Our products and/or services. We will not, however, send you any unsolicited marketing or spam and will take all reasonable steps to ensure that We fully protect your rights and comply with Our obligations under the GDPR and the Privacy and Electronic Communications (EC Directive) Regulations 2003.
7. S T O R I N G Y O U R D A T A
We do not keep your personal data for any longer than is necessary in light of the reason(s) for which it was first collected. Some or all of your data may be stored outside of the UK or European Economic Area (“the EEA”) (The EEA consists of all EU member states, plus Norway, Iceland, and Liechtenstein). You are deemed to accept and agree to this by using Our Site and submitting information to Us. If We do store data outside the EEA, We will take all reasonable steps to ensure that your data is treated as safely and securely as it would be within the UK and under the GDPR.
8. D O W E S H A R E Y O U R D A T A ?
In certain circumstances, We may be legally required to share certain data held by Us, which may include your personal data, for example, where We are involved in legal proceedings, where We are complying with legal obligations, a court order, or a governmental authority.
We may sometimes contract with third parties to supply products and services to you on Our behalf. These may include payment processing, delivery of goods, search engine facilities, advertising, and marketing. In some cases, the third parties may require access to some or all of your data. Where any of your data is required for such a purpose, We will take all reasonable steps to ensure that your data will be handled safely, securely, and in accordance with your rights, Our obligations, and the obligations of the third party under the law.
We may compile statistics about the use of Our Site including data on traffic, usage patterns, user numbers, sales, and other information. All such data will be anonymised and will not include any personally identifying data, or any anonymized data that can be combined with other data and used to identify you.
We may sometimes use third party data processors that are located outside of the UK or European Economic Area (“the EEA”) (The EEA consists of all EU member states, plus Norway, Iceland, and Liechtenstein). Where We transfer any personal data outside the EEA, We will take all reasonable steps to ensure that your data is treated as safely and securely as it would be within the UK and under the GDPR.
9. W H A T H A P P E N S I F O U R B U S I N E S S C H A N G E S H A N D S ?
We may, from time to time, expand or reduce Our business and this may involve the sale and/or the transfer of control of all or part of Our business. Any personal data that you have provided will, where it is relevant to any part of Our business that is being transferred, be transferred along with that part and the new owner or newly controlling party will, under the terms of this Privacy Policy, be permitted to use that data only for the same purposes for which it was originally collected by Us.
10. H O W C A N Y O U C O N T R O L Y O U R D A T A ?
When you submit personal data via Our Site, you may be given options to restrict Our use of your data. In particular, We aim to give you strong controls on Our use of your data for direct marketing purposes (including the ability to opt-out of receiving emails from Us).
You may also wish to sign up to one or more of the preference services operating in the UK: The Telephone Preference Service (“the TPS”), the Corporate Telephone Preference Service (“the CTPS”), and the Mailing Preference Service (“the MPS”). These may help to prevent you receiving unsolicited marketing. Please note, however, that these services will not prevent you from receiving marketing communications that you have consented to receiving.
11. H O W C A N Y O U A C C E S S Y O U R D A T A ?
You have the right to ask for a copy of any of your personal data held by Us (where such data is held). Under the GDPR, no fee is payable and We will provide any and all information in response to your request free of charge. Please contact Us for more details at sarahcosby@live.co.uk,
12. W H A T A R E C O O K I E S ?
Cookies and other online tracking technologies are small bits of data or code that are used to identify your devices when you use and interact with our websites and other services. They are often used for remembering your preferences, and generally improving your online experience.
13. O U R U S E O F C O O K I E S
• Certain features of Our Site depend on Cookies to function. Cookie Law deems these Cookies to be “strictly necessary”. These Cookies are described below. Your consent will not be sought to place these Cookies, but it is still important that you are aware of them. You may still block these Cookies by changing your internet browser’s settings, but please be aware that Our Site may not work properly if you do so. We have taken great care to ensure that your privacy is not at risk by allowing them.
• Our Site may place and access certain first party Cookies on your computer or device. First party Cookies are those placed directly by Us and are used only by Us. We use Cookies to facilitate and improve your experience of Our Site and to provide and improve Our products and/or services. We have carefully chosen these Cookies and have taken steps to ensure that your privacy and personal data is protected and respected at all times.
• By using Our Site you may also receive certain third party Cookies on your computer or device. Third party Cookies are those placed by websites, services, and/or parties other than Us. These Cookies are not integral to the functioning of Our Site and your use and experience of Our Site will not be impaired by refusing consent to them.
• Before Cookies are placed on your computer or device, you will receive a pop-up prompt requesting your consent to set those Cookies. By giving your consent to the placing of Cookies you are enabling Us to provide the best possible experience and service to you. You may, if you wish, deny consent to the placing of Cookies; however certain features of Our Site may not function fully or as intended. [You will be given the opportunity to allow only first party Cookies and block third party Cookies.]
• All Cookies used by and on Our Site are used in accordance with current Cookie Law.
14. T Y P E S O F C O O K I E S
There are several types of Cookies, some of which may be used by and on Our Site.
Strictly Necessary Cookies
These cookies are essential for the running of a website and its features. They allow proper website functionality and access to services such as your account, secure shopping and posting comments on a blog. Without them, a website cannot perform properly.
Performance Cookies
These cookies collect information about how visitors use a website. For example, which pages are visited most often, how people navigate around the site and if there are any error messages that appear. They don’t collect any information that identifies a user, only anonymized, aggregated information that is used to improve the way the website works and the customer journey.
Functionality Cookies
These cookies allow a website to remember your preferences and choices you make, such as your preferred language, region and username. They gather information on things you customize and select and retain it for your next visit. They are not essential but enhance the user experience of a site.
Third Party Cookies
Some website pages may use third party services or software, such as maps, online videos or social networking features. Many of these services may set cookies in your browser. This website has no control over third party cookies but visitors can opt out of these cookies via their browser.
Third Party Cookies Addition: (Re-)Targeting / Advertising:
We use cookies to serve you with advertisements that may be relevant to you or your interests. The information may also be used for frequency capping purposes (e.g., to ensure we do not display the same advertisement to you repeatedly) and to help us regulate the advertisements you receive and measure their effectiveness. We are currently using Facebook Pixel and Google Pixel to optimize our campaigns. That third parties, including Facebook, may use cookies, web beacons, and other storage technologies to collect or receive specific types of information and use that information to provide targeted ads.
Flash cookies
Flash cookies are commonly used in website advertisements, video clips and animation. They enable a website to recognize the user’s browser when it returns and store information such as when a video stopped playing. They also provide functions such as remembering your settings and preferences.
Advertising Cookies
These cookies are used by advertisers to deliver adverts that are more relevant to you and your interests. They keep track of which ads a person has viewed, control how many times they are exposed to the same advert and track the effectiveness of marketing campaigns. This information can then be used in re-marketing, by customizing adverts the user sees on other websites.
Web Beacons
Web beacons are bits of data that count the number of users who access a website or webpage. They allow an organization to see if a cookie has been activated, if a user has clicked through to links to adverts contained in emails. This is used to identify which emails are of most interest to a customer and to track the success of advertisements.
15. E N A B L I N G / D I S A B L I N G C O O K I E S
In addition to the controls that We provide, you can choose to enable or disable Cookies in your internet browser. Most internet browsers also enable you to choose whether you wish to disable all cookies or only third party Cookies. By default, most internet browsers accept Cookies but this can be changed. For further details, please consult the help menu in your internet browser or the documentation that came with your device.
You can choose to delete Cookies on your computer or device at any time, however you may lose any information that enables you to access Our Site more quickly and efficiently including, but not limited to, login and personification settings.
It is recommended that you keep your internet browser and operating system up-to-date and that you consult the help and guidance provided by the developer of your internet browser and manufacturer of your computer or device if you are unsure about adjusting your privacy settings.
16. C O N T A C T I N G U S
If you have any questions about Our Site or this Privacy Policy, please contact Us by email at sarahcosby@live.co.uk. Please ensure that your query is clear, particularly if it is a request for information about the data We hold about you.
17. C H A N G E S T O O U R P R I V A C Y P O L I C Y
We may change this Privacy Policy from time to time (for example, if the law changes). Any changes will be immediately posted on Our Site and you will be deemed to have accepted the terms of the Privacy Policy on your first use of Our Site following the alterations. We recommend that you check this page regularly to keep up-to-date.
Use Restrictions
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Your permission to use the Site is conditioned upon the following use, posting and conduct restrictions:
You agree that you will not under any circumstance:
· collect or harvest any personal data of any user of the Site or the Service
· distribute any part or parts of the Site or the Service without our explicit written permission (we grant the operators of public search engines permission to use spiders to copy
materials from the site for the sole purpose of creating publicly-available searchable indices but retain the right to revoke this permission at any time on a general or specific
basis)
· use the Service for any unlawful purpose or for the promotion of illegal activities;
· attempt to, or harass, abuse or harm another person or group;
· use another user’s bank details without permission;
· intentionally use another person’s information or identity when making an enquiry or purchase.
· provide false or inaccurate information when making an enquiry or purchase.
· interfere or attempt to interfere with the proper functioning of the Service;
· make any automated use of the Site, the Service or the related systems, or take any action that we deem to impose or to potentially impose an unreasonable or
disproportionately large load on our servers or network infrastructure;
· bypass any robot exclusion headers or other measures we take to restrict access to the Service, or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data;
· circumvent, disable or otherwise interfere with any security-related features of the Service or features that prevent or restrict use or copying of content, or enforce limitations on use of the Service or the content accessible via the Service; or
· publish or link to malicious content of any sort, including that intended to damage or disrupt another user’s browser or computer.
D I S C L A I M E R
Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by the Site, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content.
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We do not guarantee the accuracy, completeness, or usefulness of any information on the Site or the Service nor do we adopt nor endorse, nor are we responsible for, the accuracy or reliability of any opinion, advice, or statement made by other parties. We take no responsibility and assume no liability for any User Content that you or any other user or third party posts or sends via the Service. Under no circumstances will we be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Service, or transmitted to users.
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Our website and all contents of it relating to the company “Sarah Cosby” are provided on a basis that they reflect the current position and activities without warranty of any kind whether express or implied in respect of this website and/or the information contained therein.
L I N K S T O O T H E R S I D E S A N D / O R M A T E R I A L S
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We may place links on this website to other websites we think you may want to visit. We do not vet these websites and do not have any control over their contents and therefore we cannot accept any liability in respect of the use of these websites.
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As part of the Service, we may provide you with convenient links to third party website(s) (“Third Party Sites”) as well as content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). These links are provided as a courtesy to Service subscribers. We have no control over Third Party Sites or Third Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Applications, Software or Content. Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply our approval or endorsement. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies, including these Terms of Use, no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third Party Site to which you navigate from the Site or relating to any applications you use or install from the Third Party Site.
C O P Y R I G H T C O M P L A I N T S A N D C O P Y R I G H T A G E N T
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All of the rights, including copyright and database rights, contained in this website are owned by Sarah Cosby. You further agree that you shall only use the website for legitimate, lawful purposes, and any other use shall only be permitted with our written consent.
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If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on the Service infringe upon your copyrights, you may submit a notification by sending the following information in email format to Sarah Cosby:
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The date of your notification;
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A physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed;
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A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
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A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work;
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Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and/or email address;
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A statement that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law; and
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A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.
I N T E L L E C T U A L P R O P E R T Y
You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Service, including applicable copyrights, trademarks and other proprietary rights. Other product and company names that are mentioned on the Service may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under these Terms of Use.
User Consent to Receive Communications in Electronic Form
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For contractual purposes, you: (a) consent to receive communications from us in an electronic form via the email address you have submitted; and (b) agree that all Terms of Use, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.
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We may also use your email address to send you other messages, including information about the Site or the Service and special offers. You may opt out of such email by sending an email to Sarah Cosby.
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Opting out may prevent you from receiving messages regarding the Site, the Service or special offers.
W A R R A N T Y D I S C L A I M E R
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THE SERVICE, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SERVICE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.
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Sarah Cosby is not responsible for damages relating to natural fading or discolouration, oxidation, humidity, prolonged exposure to sunlight or salt air or other unsuitable environmental conditions.
L I A B I L I T Y
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We do not accept any liability arising from any amendments or changes we may make to the information contained in our website, and we reserve the right to alter these Terms and Conditions or the information contained in this website at any time. All purchases made from the date of the amendments shall be subject to the replacement Terms and Conditions. Should you continue to use the website once we have made the changes, you shall be deemed to have accepted all of the amendments. Your continued use of the Site or the Service signifies your agreement to our revisions to these Terms of Use. Any changes to these Terms (other than as set forth in this paragraph) or waiver of our rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of one of our officers. No purported waiver or modification of this agreement on our part via telephonic or email communications shall be valid.
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You shall be responsible for reading and understanding these Terms and Conditions, and we do not accept responsibility for any loss or damage incurred by you or any third party as a result of your failure to do so.
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We shall not be liable to any person for any loss or damage whatsoever which may arise from the use of any of the information contained in any of the materials on this website.
E X C L U S I O N S O F L I A B I L I T Y
We accept no liability for the delay in delivery.
L I M I T A T I O N O F D A M A G E S
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RELEASE TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE SITE, THE SERVICE, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM: (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE SERVICE; (C) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH USE OR WITH ANY OTHER USER OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.
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If you have a dispute with one or more users or service that you review using the Service, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
M I S C E L L A N E O U S
If any of these Terms and Conditions should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms and Conditions are intended to be effective, then to the extent and within the jurisdiction which that Term or Condition is illegal, invalid or unenforceable, it shall be severed and deleted from that clause and the remaining Terms and Conditions shall survive, remain in full force and effect and continue to be binding and enforceable.
C O M M I S S I O N S
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Bespoke goods are any goods specifically personalized and/or tailored to your specifications.
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Orders for bespoke goods cannot be cancelled or changed [once work has started on them].
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Bespoke goods which are delivered as described and are in good condition may not be refunded. We reserve the right to charge for re-posting of bespoke goods returned in error.
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We are not responsible for customer generated mistakes, errors or defects including spelling provided, typographical or grammar errors, order quantity, or other ordering errors. To prevent these errors from happening, please review your order carefully before confirmation by email.
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Faulty goods will be rectified free of charge. Any problems with any part of a bespoke order must be reported to us within 7 days of receipt. Please e-mail sarahcosby@live.co.uk who will contact you in regards to the fault and how to return the goods.
N E W S L E T T E R
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By signing up to our newsletter you are agreeing for us to contact you from time to time with marketing emails.
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By signing up to our newsletter you are confirming that you are over 18 years of age.
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All email addresses on our newsletter database will never be shared with a third party and will not be used for any other purpose besides marketing on behalf of Sarah Cosby.
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You have the right to unsubscribe and remove your email from our newsletter database at any time. Please email ‘sarahcosby@live.co.uk’ and we promise to implement this request within 3 working days.
Law of Contract: These Conditions shall be construed and shall take effect in accordance with the Laws of England