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Terms and Conditions

Introduction

This agreement (“Terms and Conditions“, “T&C“, “ToS“) is a contract between you (“you”, “User”) and The Pirate and Bluebelle  (“Company“, “we“, “us“) over your use of our website located at thepirateandbluebelle.com (“Website“).

By using this Website you will be bound by these T&C and the Company’s privacy policy (“Privacy Policy“). If you don’t agree to these T&C and/or the Privacy Policy, you must not use this Website.

These T&C apply to the services available from and related to the Website, including without limitation any Company-owned or third-party communication channels accessible from or related to the content of the Website (together with the Website, the “Services”).

Changes to the Website and its Services

The Company may modify, replace, refuse access to, suspend or discontinue the Website, partially or entirely, or change and modify prices for all or part of the Services at our sole discretion.

All of these changes shall be effective upon their posting on our site – your use of the Services following such event constitutes your acceptance of the T&C as modified

Your Personal Data

We respect your rights regarding your privacy and information, and we provide this Privacy Policy to help you understand how we collect, use, share, store and disclose information we obtain from or about you when you use the Services.

This Privacy Policy also describes the choices available to you regarding the use of, your access to and how to update and correct your information.

Your Use of this Website

You must not use this Website for anything that is unlawful or is prohibited by these T&C and/or any notices elsewhere on this Website.

The Company advises that you seek professional advice before relying on any information on this Website. Under no circumstances will the Company be liable in any way for any information it provides on the Website or through the Services, including, but not limited to, any errors or omissions in any content and information, including but not limited to text, software, photographs, graphics, video or other material (also known as “Content”), or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via the Services.

You represent and warrant to Company that you are of legal age to form a binding contract or have your parent’s permission to do so. You also certify that you are legally permitted to use and access the Services and take full responsibility for the selection and use of and access to the Services. This agreement is void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.

If you link to the Website, we may revoke your right to so link at any time. We reserve the right to require prior written consent before linking to the Website.

You will indemnify and hold the Company, its parents, subsidiaries, affiliates, officers, and employees harmless (including, without limitation, from all damages, liabilities, settlements, costs and attorneys’ fees) from any claim or demand made by any third party due to or arising out of your access to the Services, use of the Services, your violation of these T&C, or the infringement by you or any third party using your account of any intellectual property or other right of any person or entity.

Your Website Account

In order to register an account (“Account“) on this Website, you need to either:

a) provide your name and email address and become a subscriber of this Website (“Subscriber“) to gain access to the private content on this Website you’ve requested access to

b) complete the Checkout by providing billing details and become a customer of this Website (“Customer“) and access the Services you’ve purchased, including free products

You must provide true, accurate, current and complete information about yourself when completing the forms. If any information provided by you is not true, accurate, current and complete, the Company has the right to cancel your account and refuse any and all current or future use of this Website.

Account registration requires at least your first name and a valid email address. Your username (“Username“) and a secure password (“Password“) will be emailed to you.

The Company reserves the right to cancel your Username and Password without notice if the Company becomes aware of any breach of these T&C by you.

Once the Company has sent you a confirmation email you will become a member (“Member“, i.e. either a Customer or a Subscriber who has an Account on this Website) and will be able to access the Services available via the Website. You may cancel your Account at any time. Please contact us at hello@thepirateandbluebelle.com

Purpose, Refunds, Payments and Taxes

The Company enables Users to buy products or services.

The Client pays in advance and payments are refundable in line with the distance selling act.

The Company reserves the right, in its absolute discretion, to determine your eligibility for any discounts, and to withdraw or to modify a discount program at any time without prior notice and with no liability.

You are responsible for paying any taxes, including any goods and services or value added taxes, which may be applicable depending on the jurisdiction of the services provided. Depending on your residency or location, you may be subject to certain ad valorem or other taxes (for example, VAT in Europe), on certain fees that we charge. These taxes will be added to fees billed to you, if applicable.

You acknowledge that you must comply with your obligations under income tax provisions in your jurisdiction.

We hope that all our customers will be delighted with the goods they receive from the company however, if you change your mind you are entitled to a refund in line with the distance selling act. You must contact us within 14 days and return the goods to us in original packaging and sellable condition using the returns slip from your parcel. Upon receipt of the goods we will process your refund. We will advise you when this has been completed. Refund excludes shipping costs. In the unlikely event that your goods arrive damaged you should contact us immediately on receipt of good at hello@thepirateandbluebelle. In this situation we can offer to reship goods or offer a full refund, whichever is most suitable to you

Third Party Content and Services

The Company is not an agent of any third party or any party named or linked to this Website (“Third Parties“) and does not have any authority to act for such Third Parties. The Company does not control or endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such Third Parties.

You agree that we are not responsible for the availability or contents of any such third party sites, or the services they provide, which shall be governed by the Terms and Conditions of that third-party business. Your use of third party sites and services is at your own risk. You agree to comply with the relevant terms and conditions of any such third party service provider.

You agree that (to the maximum extent permitted by applicable law) the Company (and our officers, directors and employees) shall have no liability to you in relation to any dispute which you may have with a Third Party, without limitation one or more of your customers, and/or any other users of this Website

Intellectual Property

You acknowledge and agree that all Content provided on the Website or through the Services is protected by copyright.

You shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content or third party submissions or other proprietary rights not owned by you without prior written consent.

Termination

Without prejudice to any remedy that the Company may have against you, the Company may terminate or suspend with immediate effect and without notice your access to and use of this Website if:

  • It does not receive timely payment;
  • It reasonably believes that you have breached any of these Terms and Conditions;
  • It is unable to verify the accuracy or validity of any information provided by you; Or it suspects fraudulent, abusive or illegal activity by you.

Should you object to any of these Terms and Conditions, or any subsequent changes to them, or become dissatisfied with this Website in any way, your only recourse is to immediately discontinue to access or use this Website.

Warranty Disclaimer and Limitation of Liability

The Company has no special relationship with or fiduciary duty to you. You acknowledge that the Company has no control over, and no duty to take any action regarding:

  • which users gain access to the Services;
  • what Content you access via the Services; • what effects the Content may have on you;
  • how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content.

You release Company from all liability for you having acquired or not acquired Content through the Services. The Services may contain, or direct you to websites containing, information that some people may find offensive or inappropriate.

Amendment to these Terms and Conditions

The Company reserves the right to amend and alter these Terms and Conditions. In such event the Company will post the amended Terms and Conditions on this Website. Changes will apply from the date of posting.

If after the Terms and Conditions and/or the Privacy Policy have been amended or altered you do not agree to their new terms, you must stop using this Website.

General

Whilst the Company will try to provide you with uninterrupted access to this Website and its Services, the Company may need to withdraw, modify, discontinue or temporarily or permanently suspend one or more aspects of this Website where the Company has a legal, technical or other good reason to do so (including technical difficulties experienced by the Company or any Internet infrastructure). However, The Company will try, wherever possible, to give reasonable notice of the Company’s intention to do so.

The Company reserves the right to withhold, remove and/or discard any Content available as part of your account, with or without notice if deemed by the Company to be contrary to these Terms and Conditions.

If the Company fails to exercise or enforce a right under the Terms and Conditions that failure shall not constitute a waiver of such right or provision.

If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, that provision shall be deemed severed and the validity and enforceability of the remaining provisions shall not be affected. The parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision.

Each party acknowledges that on entering into these Terms and Conditions, it does not rely, and has not relied, upon any representation (whether negligent or innocent), statement or warranty made or agreed to by any person (whether a party to these Terms and Conditions or not) except those expressly set out in these Terms and Conditions.

Unless expressly provided in the Terms and Conditions no term of them is enforceable by any person who is not a party to it.

Contact / Feedback

If you have any questions about this Agreement or if you wish to report breaches of this Agreement, please contact us by emailing us at hello@thepirateandbluebelle.com

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