Terms and Conditions
OVERVIEW
This website is operated by Emma Gorton. Throughout the site, the terms “me”, “I” and “my” refer to Emma Gorton. Emma Gorton offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting my site and/or purchasing something from me, you engage in my “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all members of the site, including without limitation members who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using my website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. I reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to my website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
My store is hosted on Shopify Inc. They provide me with the online e-commerce platform that allows me to sell my products and services to you.
- Privacy Policy
What Do I Do With Your Information?
When you purchase something from my store, as part of the buying and selling process, I collect the personal information you give me such as your name, address and email address.
When you browse my store, I also automatically receive your computer’s internet protocol (IP) address in order to provide me with information that helps me learn about your browser and operating system.
With your permission, I may send you emails about my store, new products and other updates.
CONSENT
When you provide me with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, I imply that you consent to my collecting it and using it for that specific reason only.
If I ask for your personal information for a secondary reason, like marketing, I will either ask you directly for your expressed consent, or provide you with an opportunity to say no.
If after you opt-in, you change your mind, you may withdraw your consent for me to contact you, for the continued collection, use or disclosure of your information, at any time, by contacting me at emmagortondesigns@gmail.com.
DISCLOSURE
I may disclose your personal information if I am required by law to do so or if you violate my Terms of Service.
SHOPIFY
My store is hosted on Shopify Inc. They provide me with the online e-commerce platform that allows me to sell my products and services to you.
Your data is stored through Shopify’s data storage, databases and the general Shopify application. They store your data on a secure server behind a firewall.
PAYMENT
If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.
All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover.
PCI-DSS requirements help ensure the secure handling of credit card information by my store and its service providers.
For more insight, you may also want to read Shopify’s Terms of Service (https://www.shopify.com/legal/terms) or Privacy Statement (https://www.shopify.com/legal/privacy).
LINKS
When you click on links on my store, they may direct you away from my site. I am not responsible for the privacy practices of other sites and encourage you to read their privacy statements.
THIRD-PARTY SERVICES
In general, the third-party providers used by me will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to me.
However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information I am required to provide to them for your purchase-related transactions.
For these providers, I recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.
SECURITY
To protect your personal information, I take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.
If you provide me with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, I follow all PCI-DSS requirements and implement additional generally accepted industry standards.
CHANGES TO THIS PRIVACY POLICY
I reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If I make material changes to this policy, I will notify you here that it has been updated, so that you are aware of what information I collect, how I use it, and under what circumstances, if any, I use and/or disclose it.
QUESTIONS AND CONTACT INFORMATION
If you would like to access, correct, amend or delete any personal information I have about you, register a complaint, or simply want more information contact me at emmagortondesigns@gmail.com.
- Use of Cookies
Cookies are small text files which are stored on your device. They are used to gather information such as the number of visitors to my website, pages being visited, and which sites visitors are coming from.
I use cookies on my website in order to monitor how it is being used in order to make ongoing improvements and keep it as user-friendly and up to date as possible.
Here is a list of cookies that I use. I’ve listed them here so that you can choose if you want to opt-out of cookies or not.
_session_id, unique token, sessional, Allows Shopify to store information about your session (referrer, landing page, etc).
_shopify_visit, no data held, Persistent for 30 minutes from the last visit, used by my website provider’s internal stats tracker to record the number of visits
_shopify_uniq, no data held, expires midnight (relative to the visitor) of the next day, Counts the number of visits to a store by a single customer.
cart, unique token, persistent for 2 weeks, Stores information about the contents of your cart.
_secure_session_id, unique token, sessional
storefront_digest, unique token, indefinite If the shop has a password, this is used to determine if the current visitor has access.
- Copyright
All products and images on this website remain the property of Emma Gorton. Any unauthorised reproduction of original works by Emma Gorton or images on the Emma Gorton website is forbidden and action will be taken should this occur.
Please be aware that I will ask for the removal of any images from this website or any other platforms belonging to Emma Gorton being used without consent.
- Payment
Payments on the Emma Gorton store can be made by credit card, debit card, or through PayPal.
I reserve the right to require cleared funds for the full amount of the goods before despatching them to you. If payment is not received within three working days then the sale will be cancelled.
Giclee art prints and greetings cards will be dispatched within 14 days of receiving payment. (Printed fabrics and wallpapers are made to order and are therefore subject to the production times set by my production partner - you will be kept up to date regarding any delivery estimates and/or delays.)
- Delivery
Please see my Delivery page for more information.
Please note that delivery times are approximate. Emma Gorton cannot be held responsible for any delays that occur during transit due to weather conditions, vehicle breakdown, customs queries or any other cause beyond my control or of an unexpected or exceptional nature.
Customers buying from abroad should be aware that delivery times will differ depending on where they live. Art prints and greetings cards are shipped from the UK and sold on an unpaid Delivery Duty basis. The recipient therefore will be responsible for any duties and customs charges that may be incurred. Please check your local legislation rules if you are unsure as to how this will affect the overall cost of your order.
- Damage during transit
My items are packed to a high standard in order to prevent any damage during transit but in the unlikely event that any damage has occurred you must inform me in the first instance giving as much information as possible including photographs of the damaged parcel and item. Depending on the extent of the damage, I can discuss how to proceed.
In the case of severe damage, the parcel must be returned to me and postage will be refunded on receipt.
In the case of damaged items either a refund or a replacement will be sent within 28 days.
- Returns, Refunds and Exchanges
Giclee Art Prints and Greetings Cards
You have the right to return your order within 14 days of receiving it. I am unable to refund or exchange any items returned after this period. The goods must be sent back to my contact address as soon as possible at your own expense (unless the item was sent in error or is damaged or defective). A receipt of posting must be obtained and I recommend using a trackable service as I cannot guarantee that I will receive your item. Once the goods have been received a full refund will be given providing the item is unused and in the same condition in which you received it. It must also be in the original packaging.
Once your return is received and inspected, I will send you an email to notify you that I have received your returned item. I will also notify you of the approval or rejection of your refund.
If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, as soon as possible.
Printed Fabric and Wallpaper
My fabrics and wallpapers are custom printed with my production partner and I am therefore unable to accept returns or exchanges (unless the item was sent in error or is damaged or defective). I highly recommend that you order a fabric or wallpaper swatch in order to ensure that the fabric or wallpaper in question suits your particular project before committing to a full roll or length.
A swatch will also allow you to ascertain how well the wallpaper will stick to an intended surface. My wallpapers are not intended for use in bathrooms or shower rooms as the steam can cause the wallpaper edges to curl over time.
If you have any questions please contact me: emmagortondesigns@gmail.com.
Late or missing refunds
If you haven’t received a refund within 10 working days, please follow the below steps before contacting me:
- Check your bank account again.
- Contact your credit card company - it may take some time before your refund is officially posted.
- Speak to your bank. There is often some processing time before a refund is posted.
- If you’ve done all of this and you still have not received your refund yet, please contact me at emmagortondesigns@gmail.com
Sale items
Only regular priced items may be refunded. My sale items cannot be refunded.
Exchanges
I only replace items if they are defective or damaged. If you need to exchange it for the same item, send me an email at emmagortondesigns@gmail.com.
- General Terms of Service
ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given me your consent to allow any of your minor dependents to use this site.
You may not use my products for any illegal or unauthorised purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
GENERAL CONDITIONS
I reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by me.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
MODIFICATIONS TO THE SERVICE AND PRICES
Prices for my products are subject to change without notice.
I reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
I shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to my Return Policy.
I have made every effort to display as accurately as possible the colours and images of my products that appear at the store. I cannot guarantee that your computer monitor's display of any colour will be accurate.
I reserve the right, but are not obligated, to limit the sales of my products or Services to any person, geographic region or jurisdiction. I may exercise this right on a case-by-case basis. I reserve the right to limit the quantities of any products or services that I offer. All descriptions of products or product pricing are subject to change at any time without notice, at my sole discretion. I reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
I do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
ACCURACY OF BILLING AND ACCOUNT INFORMATION
I reserve the right to refuse any order you place with me. I may, in my sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that I make a change to or cancel an order, I may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. I reserve the right to limit or prohibit orders that, in my sole judgement, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at my store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that I can complete your transactions and contact you as needed.
For more detail, please review my Returns Policy.
THIRD-PARTY LINKS
Certain content, products and services available via my Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with me. I am not responsible for examining or evaluating the content or accuracy and I do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
I am not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at my request, you send certain specific submissions (for example contest entries) or without a request from me you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that I may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to me. I am and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
I may, but have no obligation to, monitor, edit or remove content that I determine in my sole discretion are unlawful, offensive, threatening, libellome, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellome or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead me or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. I take no responsibility and assume no liability for any comments posted by you or any third-party.
PERSONAL INFORMATION
Your submission of personal information through the store is governed by my Privacy Policy. To view my Privacy Policy.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on my site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. I reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
I undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate my intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. I reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
I do not guarantee, represent or warrant that your use of my service will be uninterrupted, timely, secure or error-free.
I do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time I may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by me) provided 'as is' and 'as available' for your use, without any representation, 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.
In no case shall Emma Gorton, my directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, my liability shall be limited to the maximum extent permitted by law.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless Emma Gorton and my parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or me. You may terminate these Terms of Service at any time by notifying me that you no longer wish to use my Services, or when you cease using my site.
If in my sole judgement you fail, or I suspect that you have failed, to comply with any term or provision of these Terms of Service, I also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to my Services (or any part thereof).
ENTIRE AGREEMENT
The failure of me 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 rules posted by me on this site or in respect to The Service constitutes the entire agreement and understanding between you and me and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and me (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
GOVERNING LAW
These Terms of Service and any separate agreements whereby I provide you Services shall be governed by and construed in accordance with the laws of England and Wales.
CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
I reserve the right, at my sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to my website. It is your responsibility to check my website periodically for changes. your continued use of or access to my website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
CONTACT INFORMATION
Questions about the Terms of Service should be sent to me at emmagortondesigns@gmail.com