Terms & Conditions
MOIRA BRAMLEY TERMS & CONDITIONS
Last updated: February 4, 2019.
Welcome to www.MoiraBramley.com. “Moira Bramley” and/or its affiliates provide website features and other products and services to you when you visit or shop at MoiraBramley.com, use Moira Bramley products or services, use Moira Bramley applications for mobile, or use software provided by Moira Bramley in connection with any of the foregoing (collectively, “Moira Bramley Services"). Moira Bramley provides the Moira Bramley Services subject to the following conditions.
By using Moira Bramley Services, you agree to these conditions. Please read them carefully.
We offer a wide range of Services, and sometimes additional terms may apply. When you use an Moira Bramley Service (for example, your website account, shop, newsletter, email campaign, video, or mobile site) you also will be subject to the guidelines, terms and agreements applicable to that Moira Bramley Service ("Service Terms"). If these Terms & Conditons are inconsistent with the Service Terms, those Service Terms will control.
When you use any Moira Bramley Service, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other Moira Bramley Services, such as our Message Center, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included in or made available through any Moira Bramley Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of Moira Bramley or its content suppliers and protected by international copyright laws. The compilation of all content included in or made available through any Moira Bramley Service is the exclusive property of Moira Bramley and protected by international copyright laws.
Graphics, clearings, logos, page headers, button icons, scripts, and service names included in or made available through any Moira Bramley Service are trademarks or trade dress of Moira Bramley in the U.S. and other countries. Moira Bramley’s trademarks and trade dress may not be used in connection with any product or service that is not Moira Bramley’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Moira Bramley. All other trademarks not owned by Moira Bramley that appear in any Moira Bramley Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Moira Bramley.
LICENSE AND ACCESS
Subject to your compliance with these Terms & Conditions and your payment of any applicable fees, Moira Bramley or its content providers grant you a limited, non-exclusive, non-transferable, non-sub licensable license to access and make personal and non-commercial use of the Moira Bramley Services. This license does not include any resale or commercial use of any Moira Bramley Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Moira Bramley Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Terms & Conditions or any Service Terms are reserved and retained by Moira Bramley or its licensors, suppliers, publishers, rights-holders, or other content providers. No Moira Bramley Service, nor any part of any Moira Bramley Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Moira Bramley. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Moira Bramley without express written consent. You may not use any meta tags or any other "hidden text" utilizing Moira Bramley's name or trademarks without the express written consent of Moira Bramley. You may not misuse the Moira Bramley Services. You may use the Moira Bramley Services only as permitted by law. The licenses granted by Moira Bramley terminate if you do not comply with these Terms & Conditions or any Service Terms.
RISK OF LOSS
All items purchased from Moira Bramley are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
RETURNS, REFUNDS AND TITLE
Moira Bramley does not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, Moira Bramley does not take title to the refunded item.
Moira Bramley attempts to be as accurate as possible. However, Moira Bramley does not warrant that product descriptions or other content of any Moira Bramley Service is accurate, complete, reliable, current, or error-free. If a product offered by Moira Bramley itself is not as described, your sole remedy is to return it in unused condition following the return policy.
With respect to items sold by Moira Bramley, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an item sold by Moira Bramley is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
MOIRA BRAMLEY SOFTWARE TERMS
In addition to these Terms & Conditions, the terms found here apply to any software (including any updates or upgrades to the software and any related documentation) that we make available to you from time to time for your use in connection with Moira Bramley Services (the "Moira Bramley Software").
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
The Moira Bramley services and all information, content, materials, products (including software) and other services included on or otherwise made available to you through the Moira Bramley services are provided by Moira Bramley on an "as is" and "as available" basis, unless otherwise specified in writing. Moira Bramley makes no representations or warranties of any kind, express or implied, as to the operation of the Moira Bramley services, or the information, content, materials, products (including software) or other services included on or otherwise made available to you through the Moira Bramley services, unless otherwise specified in writing. You expressly agree that your use of the Moira Bramley services is at your sole risk.
To the full extent permissible by applicable law, Moira Bramley disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Moira Bramley does not warrant that the Moira Bramley services, information, content, materials, products (including software) or other services included on or otherwise made available to you through the Moira Bramley services, Moira Bramley's servers or electronic communications sent from Moira Bramley are free of viruses or other harmful components. Moira Bramley will not be liable for any damages of any kind arising from the use of any Moira Bramley service, or from any information, content, materials, products (including software) or other services included on or otherwise made available to you through any Moira Bramley service, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing.
Please review our other policies, posted on this site. These policies also govern your use of Moira Bramley Services. We reserve the right to make changes to our site, policies, Service Terms, and these Terms & Conditions at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.