TERMS & CONDITIONS

Introduction

Charmaine Bailey(“us”, “we”, or “our”) operates the https://www.charmainebailey.co.uk website, blog and shop("services"). Both the name of the business and site(Charmaine Bailey) and the name of the owner(Charmaine Bailey) are one and the same as such reference to the owner will be stated with "C Bailey" to reduce any confusion this may cause.

 

This website is owned and operated by C Bailey. These Terms set forth the terms and conditions under which you may use our website and services as offered by us. This website offers visitors art, design and illustration products and web/graphic design services. By accessing or using the website of our service, you approve that you have read, understood, and agree to be bound by these Terms.

 

In order to use our website and/or, you must be at least 13 years of age or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. You are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you.

Purchases

When buying an item, you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process.

 

The prices we charge for using our services / for our products are listed on the website. We reserve the right to change our prices for products displayed at any time and to correct pricing errors that may inadvertently occur.

Canvases and Framed Posters

Canvases and framed posters are not shipped to Australia as there are strict laws to protect its ecosystems from invasive foreign species. There are prints available for some canvases so if you live in Australia you may be able to get a print with no frame instead.

Digital Downloads

Digital downloads refer to files that are available digitally such as colouring pages, digital prints, pattern designs, website elements etc.

All designs and illustrations sold by Charmaine Bailey and any/all of our associated brands(listed at the bottom) are copyright to C Bailey. The work offered is for personal use only unless stated otherwise. You do not have permission to share, re-sell, or store files online on publicly available sites. Please do not sell any of your creations, you can keep them or give them as gifts.

Online Courses

If you are not satisfied with your purchase of a digital course from this site, you have 14 days to request a refund. Please contact us here showing us what you have completed from the course and the issues you may be experiencing.

Returns and Refunds

 

For any undamaged product, simply return it with its included accessories and packaging along with the original receipt (or gift receipt) within 14 days of the date you receive the product, and we will exchange it or offer a refund based upon the original payment method. In addition, please note the following: (i) Products can be returned only in the country in which they were originally purchased; and (ii) the following products are not eligible for return: Digital files and downloads.

 

Services of graphic and web design are subject to different returns and refunds that will be stated before the commencement of work.

 

Rights to Change

 

We may, without prior notice, change the services and/or products; stop providing the services/products or any features of the services/products we offer; or create limits for the services or products. We may permanently or temporarily terminate or suspend access to the services/products without notice and liability for any reason, or for no reason.

 

Intellectual Rights

 

Services and products offered on this site are subject to copyright law, therefore, all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of C Bailey. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof. Not including products specifically made for redistribution which will be stated in the description of said products.

 

Indemnification

 

You agree to indemnify and hold C Bailey harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against them by any third party due to, or arising out of, or in connection with your use of the website or any of the services offered on the website.

 

Limitation of Liability

 

To the maximum extent permitted by applicable law, in no event shall C Bailey, be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service.

 

To the maximum extent permitted by applicable law, C Bailey assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.

 

Members

 

All users who become members of this site will have a public profile that is publicly visible to site visitors and other members. All public activity conducted by members of the site(such as comments or likes by that member) will also be visible to other members and visitors of the website.

 

Members can always opt-out and leave the member community on this site, and upon doing so, their profile will not be visible. In such event, the member will not be able to use the community features(e.g. Liking and commenting).

 

Account Suspension or Cancelation

 

We may permanently or temporarily terminate or suspend your access to our services without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to cancel your account and/or any services at any time. Notwithstanding anything to the contrary in the foregoing, with respect to automatically-renewed subscriptions to paid services, such subscriptions will be discontinued only upon the expiration of the respective period for which you have already made payment.

 

Changes to Terms and Conditions

 

We reserve the right to modify these terms from time to time at our sole discretion. Therefore, you should review this page periodically. When we change the Terms in a material manner, we will notify you that material changes have been made to the Terms. Your continued use of the Website or our service after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the website or the service.

 

Law and Dispute Resolution

 

These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of the United Kingdom, without respect to its conflict of laws principles. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in the United Kingdom.

Delivery Disclaimer

 

Delivery is through a Print-On-demand company(Printful) and therefore we have no control over delivery and cannot guarantee that they will deliver on time if you order after the specified dates during special holidays. Or on time in general. However, we have not had any issues since beginning in June 2018 for delivery and Location or quality of products.

Customs

 

Please be aware there may be a customs charge depending on your location which is controlled by your country of origin and there also may be other fees as well which are not from us.

Xmas Express

Express is available in specific areas but in general, it takes 2-5 days in most locations after fulfilment for shipments to arrive so please allow plenty of time to get your order before Christmas.

Questions

 

Check our FAQ page for the most asked questions.

If you have any questions about these terms and conditions, please don't hesitate to contact us.

 
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© Charmaine Bailey 2020