Terms and Conditions
These Terms & Conditions were last updated on 1 August 2020
1.1 These Terms and Conditions (the “Terms”) explain how you may buy products from this website (the ‘Site’). References in these Terms to the Site include www.ancientandbrave.earth and all associated web pages.
1.2 Please do read these Terms carefully before using the Site. By accessing or using this Site, or making a purchase from the Site, or otherwise indicating your consent, you agree to be bound by these Terms. If you do not agree with or accept these Terms, please do not access, use the Site or make any purchase from the Site.
1.3 If you have any questions about this Site, please contact firstname.lastname@example.org.
1.4 The operator of this Site and all associated web pages is Made By Brave Limited (trading as Ancient + Brave) referred to as “we”, “us” or “our” throughout these Terms. Made by Brave Limited is a company registered in England with company registration number 10778325 and whose registered office is at Lampool, Lampool Corner, Maresfield, East Sussex, TN22 3DS, United Kingdom.
1.5 These Terms may also be supplemented or replaced by additional terms relating to specific content (including any text, images or video), goods or services subsisting on or accessible from the Site (together the “Content”). Any additional terms will be made available on relevant pages of the Site and will be accessible by you for your acceptance before you place an order.
1.6 These Terms shall apply to all contracts for the sale of products from the Site and shall prevail over any other documentation or communication.
1.7 We seek to make this Site as accessible as possible. If you have any problems accessing this Site or the content contained on it, please contact us at email@example.com.
2. PLACING AN ORDER
2.1 By placing an order through our Site you are agreeing to these Terms. When you place an order to purchase a product from the Site your order represents an offer to us to purchase a product and we have the right to reject such offer at any time.
2.2 Once you have placed the order we will then send you an email confirming receipt of your order (the “Confirmation Email”). You acknowledge that any automated email including the Confirmation Email shall not amount to our acceptance of your offer to purchase goods or services from our Site.
2.3 When you place an order we will require your name, email address, credit or debit card, phone and address details and you may be asked to create an account. The information is required in order to process your request or inform you of your order. A contact phone number may also be required so we can get in touch if there is a problem with your order.
2.4 All credit and debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorise payment to us we will not be liable to you for any delay or non-delivery.
2.5 Once an order has been placed we are unable to amend or correct any errors in delivery address or order items placed. We also unable to apply any discounts or codes after the order has been placed.
2.6 We may, unless you inform us otherwise, provide our third party carrier (the third party responsible for transporting the purchased products to you) with your contact phone number in case they need to reach you to arrange the delivery of your order.
2.7 Completion of the contract between us only exists when (i) we debit your credit or debit card; or (ii) dispatch your products to you (whichever is the later). We will then send an email confirming that the contract has been concluded (“Dispatch Email”). The contract will only relate to those products whose dispatch we have confirmed in the Dispatch Email.
2.8 Please note that we may not be able to accept your order as a result of the following reasons:
(i) If the product you have ordered is out of stock or if there has been a product description or a pricing error;
(ii) If you are not permitted to purchase the product as outlined in these terms and conditions or as otherwise stated on the Site; or
(iii) If we are unable to authorise your payment.
2.9 If there is an issue with your order one of our team will contact you either by phone or email. If we leave a message and you fail to respond to us within 48 hours we will cancel the order.
3.1 All payments must be made with a valid credit or debit card acceptable to us. The address at which the card is registered must be the same as your billing address. To ensure that your credit, debit or charge card is not being used without your consent we may validate your name, address and other personal information supplied by you during the order process against appropriate third party databases. By accepting these Terms you consent to such checks being made.
4. PRODUCTS, PRICING AND AVAILABILITY
4.1 Every reasonable care and effort has been made to ensure that all representations and descriptions of the products available correspond to the actual products. However, we are not responsible for variations from such descriptions. All measurements and sizes are approximate although we make every effort to ensure they are as accurate as possible. Furthermore, whilst the colour reproduction of the products is a close representation we cannot accept any responsibility for any variation in colour caused by the browser software or the computer system used to view the products.
4.2 All orders are subject to availability. If the products are ordered and not available you will be notified by email (or by other means if no email has been provided) and you will have the option to wait until the item is available from stock or cancel your order.
4.3 We also undertake all reasonable care to ensure that all the details, price and descriptions on our Site are accurate at the time they are entered onto our Site. Whilst we endeavour to keep the Site as up to date and accurate as is possible, there may be rare occasions when the information on the Site (including product descriptions) may not reflect the position exactly at the point an order is placed. We neither represent nor warrant that products will be available as stock indications are not provided on the Site.
4.4 The prices quoted on this Site apply only to products sold on this Site. Where the same products are available via another stockist it is understood that different prices may apply.
4.5 The products sold on our Site are not for re-sale or distribution. We reserve the right to cancel orders and/or suspend accounts where we believe products are being ordered in breach of this provision.
You are entitled to cancel any contract completed with us within 14 days from the day on which you acquire physical possession of the products. If you wish to cancel a contract please see our Returns Policy.
6.1 If your products have not arrived in a timely manner please contact us and we will do our best to assist.
6.3 Please note that our working days are Monday to Friday and do not include national UK bank holidays. During exceptionally busy periods such as Christmas or when the weather is particularly inclement please allow additional days in which to receive your delivery.
6.4 Where a specific date has been agreed and where this delivery date cannot be met, you will be notified and given the opportunity to agree a new delivery date or receive a full refund.
6.5 Time of delivery shall not be of the essence and we shall not be liable for any losses, costs, damages or expenses incurred by you or any third party arising directly or indirectly out of any failure to meet any estimated delivery date. Delivery shall be made to the address specified in the order and you must make all arrangements necessary to take delivery of the products.
6.6 Ownership of the product will pass to you once we have delivered the item to you (either directly or leaving in a safe place). When a product has been delivered, the risk of damage to or loss of the item passes to you. For specific delivery options please read our Delivery Policy.
6.7 When ordering products from the Site for delivery overseas you may be subject to import duties and taxes which are levied once the package reached the specified destination. Any additional charges for customs clearance must be borne by you as we have no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country so you should contact the local customs office for further information.
6.8 Please also note that when ordering any products from our Site you are considered to be the importer of record and much comply with all laws and regulations of the country in which the products are received. Any products shipped internationally from the UK are subject to opening and inspection by customs authorities so we cannot guarantee that the packaging of the products will be free from signs of tampering. Please also be aware that United Kingdom consumer protection laws may not apply.
7.1 In order to purchase products on this Site and to use certain other parts of our system, you may be required to create an account (“Account”) which will contain certain personal details and payment information which may vary based upon your use of the Site. By continuing to use this Site you represent and warrant that:
(i) all information you submit is accurate and truthful;
(ii) you have permission to submit payment information where permission may be required; and
(iii) you will keep this information accurate and up-to-date.
Your creation of an Account is further affirmation of your representation and warranty.
7.2 It is recommended that you do not share your Account details, particularly your username and password. We accept no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
7.3 If you have reason to believe that your Account details have been obtained by another person without your consent, you should contact us immediately to suspend your Account and cancel any unauthorised purchases that may be pending. Please be aware that purchases can only be cancelled until they are dispatched.
9. GIFT CARD
9.1 All of the usual term and conditions as set out in these Terms apply. The following terms in this clause 9 also apply to the purchase and redemption of Gift Cards on our Site.
9.2 Site offers or promotions do not apply when purchasing Gift Cards.
9.3 Gift Cards may only be redeemed against products purchased in the same currency as the Gift Card.
9.4 Gift Cards will be sent to the email address of the recipient – so if you are the sender and purchasing a Gift Card for someone please make sure they’ll be happy to hear from us.
9.5 The sender will be able to decide the date on which the card will be sent to the recipient. Once the order has been processed and payment has been taken, the Gift Card will be emailed to the recipient on the date specified. A copy will also be sent to the sender as confirmation of dispatch.
9.6 The sender will also be able to add a short message for the recipient which will be sent to the recipient at the same time as the Gift Card.
9.7 If you are the recipient of a Gift Card then please note that all Gift Cards must be redeemed on our Site as full or part payment for any products listed on the Site. To use the Gift Card you will be required to enter its unique code at the online checkout and use of such code will be deemed to confirm your agreement to these Terms.
9.8 The Gift Card (including any unused portions) is valid for 12 months from date of purchase. Gift Cards cannot be exchanged for cash or for products already supplied or ordered.
9.9 If you are the recipient of a Gift Card and the products you wish to order on the Site exceeds the value of the Gift Card, the balance must be paid by debit or credit card.
9.10 If you are the recipient of a Gift Card and your total order is less than the value of the Gift Card then the remaining balance will be credited to your Account (see clause 9 below) and can be redeemed against subsequent orders. You may check your Gift Card balance online by using the link provided in the gift card email.
9.11 If you return an item which has been purchased using a Gift Card we will credit your Account with the value of the item. No cash refunds will be given.
10. SUBSCRIPTION PACKAGES
10.1 All of the usual terms and conditions as set out in these Terms apply to Subscription packages. The following terms in this clause 10 also apply to the purchase of any Subscription on our Site.
10.2 You can change, pause or cancel your subscription order at any time before your order has been despatched. If your card has already been billed we will issue a full refund.
10.3 When you sign up for a subscription package your first order will be sent out within 48 hours. All recurring packages will be sent out on a monthly basis on the date (or close to the date) of the original order. For the avoidance of doubt if you commence your subscription package on the 12th of month we will endeavour to send the package out on the 12th (or the next week day) of the following month and so on (“Despatch Date”)
10.4 We will always do our best to make last minute amendments for you but we can only guarantee changes that are requested within 48 hours of any Despatch Date.
10.5 In the event you need to change, pause or cancel your subscription after the Despatch Date please do get in touch at firstname.lastname@example.org and we will resolve the issue for you.
10.6 For all ongoing subscriptions your credit or debit card will be billed at checkout for your first delivery only. For ongoing deliveries you will be billed on a recurring monthly basis. Your card will be billed up to 24 hours before despatch of each subscription package.
10.7 Please make any amendments to your subscription order via the “My Account” area of the Site or please contact us at email@example.com. Please ensure all information is up to date and accurate. If you change your address please update this information in the “My Account” section of the site. This is to ensure that no deliveries are sent to the wrong address.
11. CONDITIONS OF USE
1.1 As a condition of your use of the Site, you agree:
(i) are over the age of 18 years;
(ii) not to use the Site for any purpose that is unlawful under applicable law, or prohibited by these Terms;
(iii) not to defame or disparage anybody or make comments of an obscene, derogatory or offensive manner or otherwise use the Site or its Content in a way that brings us or any third party into disrepute or causes us to be liable to any third party;
(iv) not to reverse engineer, decompile, copy, modify, distribute, transmit, license, sublicense, display, revise, perform, transfer, sell or otherwise make available to any third party or otherwise publish, deep-link, create derivative works from or exploit in any way the Site or its Content except as permitted by us under these Terms or as expressly provided under applicable law and/or under any additional terms;
(v) not to use the Site to distribute viruses or other similar harmful software code;
(vi) not to represent or suggest that we endorse any other business, product or service unless we have separately agreed to do so in writing; and
(vii) that you are solely responsible for all costs and expenses you may incur in relation to your use of the Site and shall be solely responsible for keeping your password and other account details confidential.
11.2 We reserve the right to prevent or suspend your access to the Site if you do not comply with any part of these terms and conditions or any applicable law.
12. BUSINESS CUSTOMERS
These terms and conditions do not apply to customers buying products in the course of business. If you are a business customer please contact us for further details.
13.1 This Site and all intellectual property rights in the Site (including without limitation any of its content) is the property of Made By Brave Limited or its subsidiaries, its affiliates or its content suppliers and is protected by UK, European and International laws. We reserve all our intellectual property rights (which include without limitation all copyright, trademarks, domain names, logos, design rights, database rights, patents and all other intellectual property rights of any kind) whether registered or unregistered anywhere in the world (“Intellectual Property Rights”).
13.2 These Intellectual Property Rights shall remain at all times vested in Made By Brave Limited and that these are protected by copyright and other laws and international treaty provisions.
13.3 Nothing in these terms and conditions grants you any rights in the Site other than as necessary to enable you to access the Site. You agree not to adjust to try to circumvent or delete any intellectual property notices contained on the Site and in particular in any digital rights or other security technology embedded or contained within any Content.
13.4 All of our products mentioned on this Site are trademarks of Made By Brave Limited. Other trademarks and trade names may also be used on this Site. The use or misuse of any trademarks or any other content on the Site except as provided in these terms and conditions is strictly prohibited. Nothing contained on the Site shall be construed as granting, by implication, estoppel or otherwise, any licence or right to use any trademark without our prior written permission.
13.5 Those wishing to place a link to this Site on other sites may do so only to the home page of the site without our prior permission. Deep linking (i.e. links to specific pages within the site) requires our express written permission but please do get in touch.
13.6 You may not use this Site or any material appearing on the Site to further any commercial purpose including but not limited to selling on of any products purchased from the Site to eBay or any other auction site advertising or to promote or encourage traffic to any other Site.
14. LINKS TO OTHER SITES
This Site may contain links to other sites. Unless expressly stated, these sites are not under our control. We assume no responsibility for the content of such Sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Site does not imply any endorsement of the sites themselves or of those in control of them.
15. SUBMITTING INFO TO THE SITES
15.1 The Site is not a secure means of communication and any information you supply to us will not be kept confidential. For that reason, you should not submit or send to us any patentable ideas or patent applications, advertising or marketing suggestions, prototypes or any information, written or oral, which you regard as confidential or commercially sensitive or valuable (collectively referred to as 'Unwanted Submissions').
15.3 Where our Site enables you to communicate with us and/or other users of the Site, you may not use the Site to transmit harmful or offensive (including but not limited to violent, obscene, discriminatory, defamatory or otherwise illegal) communications or material which might otherwise bring us or the Site into disrepute. Although we reserve the right to monitor, edit, review or remove discussions, chats, postings, transmissions, bulletin boards and similar communications on the Site from time to time, we are under no obligation to do so and assume no responsibility or liability arising from any Content posted on the Site nor for any error, omission, infringement, defamatory statement, obscenity, or inaccuracy contained in any such information. Our right to use submissions or other material provided by you is non-exclusive, freely transferable and worldwide so you shall be entitled to use your own material yourself subject to applicable law.
16.1 We make no warranty or representation that the Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate.
16.2 Whilst we use all reasonable endeavours to ensure that the Site is secure and free of errors, viruses and other malware, you are strongly advised to take responsibility for your own internet security, that of your personal details and their computers.
16.3 We will not be liable for any damages of any kind arising from the use of this Site including but not limited to direct, indirect, incidental, punitive and consequential damages.
17. CHANGES TO THE SITE AND THESE TERMS
We reserve the right to change the Site, any content and these Terms at any time. You will be bound by any changes to these Terms from the first time you use the Site following the changes. If we are required to make any changes to these Terms pertaining to the sale of products by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.
18. AVAILABILITY OF THE SITE
18.1 The Site and any service provided by us is provided “as is” and on an “as available” basis. We give no warranty that the Site or any service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
18.2 We accept no liability for any disruption or non-availability of the Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
We welcome any comments about our service so that we can improve what we are doing. Our aim is to deal with any problems quickly and fairly. If you have any reason to complain about our service please email us stating clearly that you are making a complaint. Our aim is to respond to your complaint with five (5) working days either resolving your complaint or with a timescale for resolution.
20. LIMITATION OF LIABILITY
20.1 To the maximum extent permitted by law, we accept no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Site or any information contained therein. You should be aware that you use the Site and its content at your own risk.
20.2 Nothing in these Terms excludes or restricts our liability for death or personal injury resulting from any negligence or fraud on the part of Made By Brave Limited.
20.3 Nothing in these Terms excludes or restricts our liability for any direct or indirect loss or damage arising out of the incorrect delivery of products or out of reliance on incorrect information included on the Site.
20.4 In the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.
21. NO WAIVER
In the event that any party to these Terms fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
22. THIRD PARTY RIGHTS
Nothing in these Terms shall confer any rights upon any third party. The agreement created by these Terms is between you and us.
23. LAW AND JURISDICTION
These Terms and the relationship between you and us shall be governed by and construed in accordance with the Law of England and Wales and both parties agree to submit to the exclusive jurisdiction of the Courts of England and Wales.