Terms & Conditions Policy

Creative Sculpture By Alex Terms and Conditions Policy

Welcome to Creative Sculpture By Alex. These terms and conditions outline the rules and regulations for the use of  Creative Sculpture By Alex’s Website.

By accessing this website we assume you accept these terms and conditions in full. Do not continue to use Creative Sculpture By Alex’s website if you do not accept all of the terms and conditions stated on this page.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: Client, You and Your refers to you, the person accessing this website and accepting the Company’s terms and conditions. The Company, Ourselves, We, Our and Us, refers to our Company. Party, Parties, or Us, refers to both the Client and ourselves, or either the Client or ourselves.

All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing law of the UK.

Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Cookies

We employ the use of cookies. By using Creative Sculpture By Alex’s website you consent to the use of cookies in accordance with Creative Sculpture By Alex’s privacy policy. Most of the modern day interactive websites use cookies to enable us to retrieve user details for each visit.

Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate / advertising partners may also use cookies.

License

Unless otherwise stated, Creative Sculpture By Alex and/or its licensors own the intellectual property rights for all material on Creative Sculpture By Alex

All intellectual property rights are reserved. You may view and/or print pages from www.alexburnet.com for your own personal use subject to restrictions set in these terms and conditions.

You must not:

• Republish material from www.alexburnet.com 
• Sell, rent or sub-license      material from www.alexburnet.com
• Reproduce, duplicate or copy      material from www.alexburnet.com
• Redistribute content from Creative Sculpture By Alex (unless content is specifically made for redistribution).

Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).

Nothing in this disclaimer will:

• Limit or exclude our or your liability for death or personal injury resulting from negligence.
• Limit or exclude our or you liability for fraud or fraudulent misrepresentation.
• Limit any of our or your liabilities in any way that is not permitted under applicable law.
• Or exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer:

1. are subject to the preceding  paragraph; and 
2. govern all liabilities arising  under the disclaimer or in relation to the subject matter of this disclaimer,  including liabilities that arise in contract, tort (including negligence)      and for breach of statutory duty.

To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

E Commerce Terms and Conditions

Terms and Conditions ("Terms")

Our Terms and Conditions were last updated on June 2023

Please read these terms and conditions carefully before using Our Service.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions.

The following definitions shall have the same meaning regardless of whether they appear in singular or in

plural.

Definitions

For the purposes of these Terms and Conditions:

● “Affiliate” means an entity that controls, is controlled by or is under common control with a party,

where "control" means ownership of 50% or more of the shares, equity interest or other securities

entitled to vote for election of directors or other managing authority.

● “Account” means a unique account created for You to access our Service or parts of our Service.

● “Company” (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Creative Sculpture By Alex

● “Country” refers to BG

● “Content” refers to content such as text, images, or other information that can be posted, uploaded,

linked to or otherwise made available by You, regardless of the form of that content.

● “Device” means any device that can access the Service such as a computer, a cell phone or a

digital tablet.

● “Feedback” means feedback, innovations or suggestions sent by You regarding the attributes,

performance or features of our Service.

● “Products” refers to the products or items offered for sale on the Service.

● “Orders” means a request by You to purchase Products from Us.

● “Promotions” refer to contests, sweepstakes or other promotions offered through the Service.

● “Service” refers to the Website.

● “Terms and Conditions” (also referred as "Terms") mean these Terms and Conditions that form the

entire agreement between You and the Company regarding the use of the Service. 

● “Third-party Social Media Service” means any services or content (including data, information,

products or services) provided by a third-party that may be displayed, included or made available by

the Service.

● “Website” refers to www.alexburnet.com

● “You” means the individual accessing or using the Service, or the company, or other legal entity on

behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates

between You and the Company. These Terms and Conditions set out the rights and obligations of all users

regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these

Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or

use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree

with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the

Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the

Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection,

use and disclosure of Your personal information when You use the Application or the Website and tells You

about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

User Accounts

If applicable, when You create an account with Us, You must provide Us information that is accurate, complete, and

current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate

termination of Your account on Our Service.

You are responsible for safeguarding the password that You use to access the Service and for any activities

or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media

Service.

You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming

aware of any breach of security or unauthorized use of Your account.

You may not use as a username the name of another person or entity or that is not lawfully available for

use, a name or trademark that is subject to any rights of another person or entity other than You without

appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

Placing Orders for Products

By placing an Order for Products through the Service, You warrant that You are legally capable of entering into binding contracts.

Your Information

If You wish to place an Order for Products available on the Service, You may be asked to supply certain

information relevant to Your Order including, without limitation, Your name, Your email, Your phone number,

Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information.

You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to us is true, correct and complete.

By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.

Order Cancellation

We reserve the right to refuse or cancel Your Order at any time for certain reasons including but not limited

to:

● Products availability

● Errors in the description or prices for Products

● Errors in Your Order

We reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal transaction is suspected.

Your Order Cancellation Rights

Any Products you purchase can only be returned or refunded in accordance with these Terms and Conditions.

Availability, Errors and Inaccuracies

We are constantly updating Our offerings of Products on the Service. The Products available on Our Service may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information regarding our Products on the Service and in Our advertising on other websites.

We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Prices Policy

The Company reserves the right to revise its prices at any time prior to accepting an Order.

The prices quoted may be revised by the Company subsequent to accepting an Order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs and any other matter beyond the control of the Company. In that event, You will have the right to cancel Your Order.

Payments

Payment can be made through various payment methods we have available, such as Visa, MasterCard, or online payment methods (PayPal, for example).

Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If we do not receive the required authorization, We will not be liable for any delay or non-delivery of

Your Order.

Promotions

Any Promotions made available through the Service may be governed by rules that are separate from these Terms.

If You participate in any Promotions, please review the applicable rules as well as our Privacy policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.

Intellectual Property

The Service and its original content (excluding Content provided by You or other users), features and functionality are and will remain the exclusive property of the Company and its licensors.

The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.

Our trademarks may not be used in connection with any product or service without the prior written consent of the Company.

Your Feedback to Us

You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company's provider makes any

representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable

statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You.

But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Disputes Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Contact Us

If you have any questions about these Terms and Conditions, You can contact us:

● By visiting this page on our website: www.alexburnet.com

Information I Collect

To fulfil your order, you must provide me with certain information, such as your name, email address, postal address, payment information, and the details of the product that you’re ordering. You may also choose to provide me with additional personal information (for a custom order for example, if you contact me directly. 

Why I Need Your Information and How I Use It

I rely on a number of legal bases to collect, use, and share your information, including:

• as needed to provide my      services, such as when I use your information to fulfil your order, to settle      disputes, or to provide customer support;
• when you have provided your      affirmative consent, which you may revoke at any time, such as by signing      up for my mailing list;
• if necessary to comply with a      legal obligation or court order or in connection with a legal claim, such      as retaining information about your purchases if required by tax law; and
• as necessary for the purpose of      my legitimate interests, if those legitimate interests are not overridden      by your rights or interests, such as 1) providing and improving my      services. I use your information to provide the services you requested and      in my legitimate interest to improve my services. 

Information Sharing and Disclosure

Information about my customers is important to my business. I share your personal information for very limited reasons and in limited circumstances, as follows:

• Service providers. I engage      certain trusted third parties to perform functions and provide services to      my shop, such as delivery companies. I will share your personal      information with these third parties, but only to the extent necessary to      perform these services.
• Business transfers. If I sell      or merge my business, I may disclose your information as part of that      transaction, only to the extent permitted by law. 
• Compliance with laws. I may      collect, use, retain, and share your information if I have a good faith      belief that it is reasonably necessary to: (a) respond to legal process or      to government requests; (b) enforce my agreements, terms and policies; (c)      prevent, investigate, and address fraud and other illegal activity,      security, or technical issues; or (d) protect the rights, property, and      safety of my customers, or others.

Data Retention

I retain your personal information only for as long as necessary to provide you with my services and as described in my Privacy Policy. However, I may also be required to retain this information to comply with my legal and regulatory obligations, to resolve disputes, and to enforce my agreements. I generally keep your data for the following time period: 4 years. 

Your Rights

If you reside in certain territories, including the EU, you have a number of rights in relation to your personal information. While some of these rights apply generally, certain rights apply only in certain limited cases. I describe these rights below:

• Access. You may have the right      to access and receive a copy of the personal information I hold about you      by contacting me using the contact information below. 
• Change, restrict, delete. You      may also have rights to change, restrict my use of, or delete your      personal information. Absent exceptional circumstances (like where I am      required to store data for legal reasons) I will generally delete your      personal information upon request. 
• Object. You can object to (i)      my processing of some of your information based on my legitimate interests      and (ii) receiving marketing messages from me after providing your express      consent to receive them. In such cases, I will delete your personal      information unless I have compelling and legitimate grounds to continue      using that information or if it is needed for legal reasons. 
• Complain. If you reside in the      EU and wish to raise a concern about my use of your information (and      without prejudice to any other rights you may have), you have the right to      do so with your local data protection authority.

How to Contact Me

For purposes of EU data protection law, I, Alex Burnet, am the data controller of your personal information. If you have any questions or concerns, you may contact me at gnuology@hotmail.co.uk