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OVERVIEW
Welcome to the BRANLEY store! The terms "we," "us," and "our" refer to the BRANLEY store. BRANLEY operates this store and website, including all related information, content, features, tools, products, and services, to provide you, the customer, with a personalized shopping experience (the "Services"). BRANLEY is powered by Shopify, which allows us to provide you with the Services.
The following terms and conditions, and any policies referenced herein (collectively, "Terms of Service" or "Terms"), describe your rights and obligations when you use the Services.
These Terms of Service should be read carefully as they contain important information about your legal rights and cover topics such as warranty disclaimers and liability disclaimers.
By visiting, using, or interacting with our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or the Privacy Policy, you should not use or access our Services.
SECTION 1 - ACCESS AND ACCOUNT
By agreeing to these Terms of Service, you represent that you are the age of majority in your province or state of residence and you have given us your consent to allow your minor dependents to use the Services on devices you own, purchase, or manage.
To use the Services, including to access or browse our online stores or to purchase any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all information you provide on our stores is accurate, current, and complete, and that you have all rights necessary to provide such information.
You agree that you are solely responsible for maintaining the security of your account credentials and for all activities under your account. You may not transfer, sell, assign or license your account to any other person.
CHAPTER 2 - OUR PRODUCTS
We make every effort to accurately represent our products and services in our online stores. However, due to the type of device you use to access the store and your device's settings and configuration, the colors or product appearance may differ from what appears on your screen.
We do not guarantee that the appearance or quality of any product or service you purchase will meet your expectations or be as shown or presented in our online stores.
All product descriptions are subject to change at any time without notice, at our sole discretion. We reserve the right to remove any product from sale at any time and may limit quantities that we offer on a case-by-case basis by person, geographic region, or jurisdiction.
CHAPTER 3 - ORDERS
By placing an order, you are making an offer to purchase. BRANLEY reserves the right, in its sole discretion, to accept or reject your order for any reason. Your order is not accepted until BRANLEY confirms acceptance. We must receive and process your payment before your order can be accepted. Please review your order carefully before submitting it. BRANLEY may not be able to accommodate cancellation requests after an order has been accepted. If we reject, modify, or cancel an order, we will attempt to notify you via the email, billing address, and/or phone number provided at the time the order was placed.
Your purchases are subject to return or exchange only under our Return Policy [LINK].
You represent and warrant that your purchases are for your personal or household use and not for commercial resale or export.
CHAPTER 4 - PRICES AND BILLING
Prices, discounts, and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be specified in your order confirmation email. Unless explicitly stated otherwise, prices do not include taxes, shipping, handling, customs, or import fees.
Prices displayed in our online stores may differ from prices offered in physical stores or in online or other stores operated by third parties. We may occasionally offer promotions on the Services, which may affect prices and are governed by terms and conditions that are separate from these Terms. If there is a conflict between the terms of a promotion and these Terms, the terms of the promotion will prevail.
You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our stores. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
You represent and warrant that (i) the credit card information you provide is true, accurate and complete, (ii) you are authorized to use this credit card for the purchase, (iii) the expenses incurred by you will be approved by your credit card company, and (iv) you will pay the expenses in accordance with the stated prices, including shipping and processing fees and all taxes, if any.
CHAPTER 5 - SHIPPING AND DELIVERY
We cannot be held responsible for shipping or delivery delays. All delivery times are estimated only and are not guaranteed. We cannot be held responsible for delays caused by shipping companies, customs procedures, or circumstances beyond our control. Title and risk of loss pass to you once we transfer the items to the shipping company.
CHAPTER 6 - INTELLECTUAL PROPERTY
Our Services, including but not limited to all trademarks, brands, text, images, visuals, graphics, product reviews, video and audio, and the design, selection and arrangement of these Services, are owned by BRANLEY store, its affiliates or licensors and are protected by U.S. and foreign patent, copyright and other intellectual property laws.
These Terms permit you to use the Services solely for your personal, non-commercial purposes. You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any material contained on the Services without our prior written permission. Except as expressly provided herein, nothing in these Terms shall be construed as granting you any license or other right under any patent, trademark, copyright, or other intellectual property right of BRANLEY, Shopify, or any third party. Any unauthorized use of the Services may be a violation of federal and state intellectual property laws. All rights not expressly granted herein are reserved by BRANLEY.
BRANLEY proprietary names, logos, product and service names, designs, and slogans are trademarks of BRANLEY or its affiliates or licensors. You may not use such trademarks without BRANLEY's prior written consent. Shopify's name, logo, product and service names, designs, and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans appearing on the Services are trademarks of their respective owners.
CHAPTER 7 - OPTIONAL TOOLS
As part of the Services, you may be provided with access to client tools provided by third parties, which we do not monitor, control, or have any input into.
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 features through the Services (including, the release of new tools and resources). Such new features shall also be considered a part of the Services and shall be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
The Services may contain materials and hyperlinks to websites provided or operated by third parties (including any embedded third-party functionality). We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Services to access such materials or third-party sites, you do so entirely at your own risk.
We are not responsible for any harm or damages related to your access to, or the purchase or use of, any products, services, resources, or content on or through third-party websites. Please carefully review and fully understand the third-party's policies and practices before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products or services should be directed directly to the relevant third-party.
CHAPTER 9 - RELATIONSHIP WITH SHOPIFY
[NOTE TO MERCHANT: This section accurately describes the relationship between Shopify and your store and should not be removed or modified.]
BRANLEY is powered by Shopify, which allows us to provide the Services to you. However, all sales and purchases you make on our store are processed directly with BRANLEY. By using the Services, you acknowledge and agree that Shopify is not responsible for anything arising out of any sales between you and BRANLEY, including any injury, damage, or loss of profits resulting from products or services purchased. You hereby expressly release Shopify and its affiliates from any and all claims, damages, and liability arising out of or related to your purchases and transactions with BRANLEY.
SECTION 10 - PRIVACY POLICY
All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed at [LINK], and some personal information may be subject to Shopify's Privacy Policy, which can be viewed here . By using the Services, you acknowledge that you have read these privacy policies.
Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide and improve the Services to you. Information you submit to the Services will be transmitted to and shared with Shopify and third parties, which may be located in countries other than your country of residence, for the purpose of providing you with the Services. For more information about how we, Shopify, and our partners use your personal information, please review our Privacy Policy [LINK].
CHAPTER 11 - FEEDBACK
If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans, or other content (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free license to use, reproduce, modify, publish, distribute, and display such Feedback in any media for any purpose, including commercial use. For example, we may exercise our rights under this license to operate, provide, evaluate, develop, improve, and promote the Services, and to carry out our obligations and exercise our rights under the Terms of Service.
You further represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives you receive in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms. We have no obligation, and will have no obligation, to (1) keep your Feedback confidential; (2) pay compensation for your Feedback; or (3) respond to your Feedback.
We may, but have no obligation to, monitor, edit or remove Feedback that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
You agree that your Feedback will not violate any third-party right, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your Feedback will not contain libelous or otherwise unlawful, abusive, or obscene content, and will not contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you provide and its accuracy. We take no responsibility and assume no liability for any Feedback submitted by you or any third party.
SECTION 12 - ERRORS, INCONSISTENCIES AND OMISSIONS
Occasionally there may be information on the Services 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, change or update information, and cancel orders (even if you have submitted your order) if any information is inaccurate without prior notice.
SECTION 13 - PROHIBITED USES
You may access and use the Services only for lawful purposes. You may not access or use the Services, directly or indirectly: (a) for any unlawful or malicious purpose; (b) to violate any international, federal, state, provincial or local regulations, rules, laws or ordinances; (c) to infringe our intellectual property rights or the intellectual property rights of others; (d) to harass, abuse, insult, harm, defame, slander, disparage, threaten, or injure any of our employees or any other person; (e) to transmit false or misleading information; (f) to knowingly send, receive, upload, download, use, or re-use any material inconsistent with these Terms; (g) to send or procure the sending of “junk mail,” “chain letters,” “spam,” or any other similar promotional or marketing content; (h) to impersonate or attempt to impersonate any other person or entity; (i) to engage in any other conduct that restricts or inhibits anyone else from using or enjoying the Services, or which we believe could be harmful to BRANLEY, Shopify or users of the Services or create legal liability.
In addition, you agree not to: (a) upload or transmit viruses or any type of malicious code that could affect the functionality or operation of the Services; (b) reproduce, copy, sell, resell or exploit any portion of the Services; (c) collect or monitor the personal information of others; (d) engage in spam, phish, fraud, undermine, spider, crawl, or scrape; or (e) interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet. We reserve the right to suspend, disable, or terminate your account if we determine that you have violated any part of these Terms at any time.
SECTION 14 - TERMINATION
We may terminate this agreement or your access to the Services (or any part of the Services) at any time, in our sole discretion, without notice, and you will remain liable for all amounts due up to the date of termination.
After termination of this agreement, the following sections will survive: Intellectual Property, Feedback, Termination, Disclaimer of Warranties, Limitation of Liability, Indemnification, Independence of Terms, Disclaimer; Entire Agreement, Assignment, Governing Law, Privacy Policy and any other provisions that by their nature should survive termination.
SECTION 15 - DISCLAIMER OF WARRANTIES
The information available on or through the Services is provided for general information only. We do not guarantee the accuracy, completeness, or usefulness of such information. Any reliance on such information is at your own risk. We disclaim all responsibility and liability arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.
EXCEPT AS EXPRESSLY PROVIDED BY BRANLEY, THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE, WITHOUT REPRESENTATIONS, 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. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
SECTION 16 - LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHOPIFY, OUR PARTNERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS OR LICENSORS, OR SHOPIFY AND ANY OF THEIR RELATED PARTIES, SHOPIFY AND THEIR AFFILIATES SHALL BE LIABLE FOR ANY DAMAGES WHATSOEVER; WE WILL NOT BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY OTHER DAMAGES WHATSOEVER, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM THE USE OF THE SERVICES OR ANY PRODUCTS PROVIDED THROUGH THE SERVICES. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND ARISING OUT OF THE USE OF ANY PRODUCT OR OTHER CLAIMS RELATING IN ANY WAY TO THE USE OF THE SERVICES OR ANY PRODUCT, ANY ERRORS OR OMISSIONS IN CONTENT, OR THE USE OF THE SERVICES OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
CHAPTER 17 - COMPENSATION
You agree to indemnify, defend, and hold harmless BRANLEY, Shopify, and our affiliates, partners, directors, officers, employees, agents, contractors, licensors, and service providers from and against any loss, damage, liability, or claim, including reasonable attorneys' fees, made by any third party due to or arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.
We will notify you of any claim that gives rise to indemnification obligations, but any delay in notifying you will not relieve you of your obligations unless you suffer material harm. We may control the defense and settlement of such a claim, including the selection of counsel, at your expense. However, we will not settle any claim that would impose non-monetary obligations on you without your consent (provided it is not unreasonably denied). You are obligated to cooperate in the defense of any indemnified claim and to provide relevant documentation.
CHAPTER 18 - INDEPENDENCE OF PROVISIONS
Even if any provision of these Terms of Service is determined to be invalid, void or unenforceable, such provision shall continue to be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from the Terms of Service, such determination shall not affect the validity and enforceability of any remaining provisions of the Terms of Service.
SECTION 19 - WAIVER; ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating guidelines we post on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior oral or written agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities arising in the interpretation of these Terms of Service cannot be interpreted against the party that drafted the text.
CHAPTER 20 - TRANSFER
You may not assign, transfer, or delegate this Agreement or any of your rights or obligations under these Terms without our prior written consent, and any attempt to do so will be void. We may assign, transfer, or delegate these Terms, and our rights and obligations, without your consent or notification.
CHAPTER 21 - APPLICABLE LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the federal, state, or local courts in the jurisdiction in which BRANLEY is headquartered. You and BRANLEY consent to venue and personal jurisdiction in those courts.
CHAPTER 22 - TITLES
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 23 - CHANGES TO THE TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update or change any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website regularly to stay up to date with any changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will be effective on the date specified in the notice. Your continued use of or access to the Services following the posting of any changes to the Terms of Service constitutes acceptance of those changes.
SECTION 24 - CONTACT INFORMATION
You can send us questions about the Terms of Service at branleylondon@gmail.com.
Our contact information is published below:
[INSERT TRADING NAME]
branleylondon@gmail.com
[INSERT BUSINESS ADDRESS]
[INSERT BUSINESS PHONE NUMBER]
[INSERT BUSINESS REGISTRATION NUMBER]
[INSERT VAT NUMBER]
