Terms of Service
Subject to the terms and conditions of this Agreement, the Service is provided solely for User’s own personal use, and not for the use or benefit of any third party. Shop.ShawnBrooks.com may change, suspend or discontinue the Services at any time, including the availability of any feature, or content. Shop.ShawnBrooks.com may also impose limits on certain features and services or restrict User’s access to parts or all of the Services without notice or liability. User certifies to Shop.ShawnBrooks.com that if User is an individual (i.e., not a corporation) User is at least 18 years of age. User also certifies that it is legally permitted to use the Service, and takes full responsibility for the selection and use of the Service. This Agreement is void where prohibited by law, and the right to access the Service is revoked in such jurisdictions.
Shop.ShawnBrooks.com reserves the right, at its discretion, to modify this Agreement at any time by posting a notice on the Site, or by sending User a notice via e-mail or postal mail. User shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Service by User following such notification constitutes User’s acceptance of the terms and conditions of this User Agreement as modified.
3. PAYMENTS AND FEES
Shop.ShawnBrooks.com currently accepts PayPal / Stripe and the following credit cards at this time: American Express, VISA, MasterCard, and Discover.
When you purchase a Product, or use a Service that has a fee, you will be charged then current fees, which we may change from time to time. Changes to our fees are effective after we provide you with at least fourteen (14) days’ notice by posting the changes on the Site, e-mail notification, or by other means. We may choose to temporarily change the fees for our services for promotional events or new Services, and such changes are effective when we post the temporary promotional event or new Service on the Site. The sale will be submitted for processing as soon as you click on the “confirm” button. You will then receive an e-mail from us. By placing an order through the Site, you are confirming that you are legally entitled to use the means of payment tendered and, in the case of card payments, that you are either the cardholder or have the cardholder’s express permission to utilize the card to effect payment.
We may refuse to process a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of refusing or suspending any transaction after processing has begun.
Unless otherwise stated, all fees and payments are quoted in U.S. Dollars. User is responsible for paying all fees, payments and applicable taxes associated with our Site and Services. After receiving your order you will receive an e-mail from us confirming the details, description and price for the Products ordered together with some information on your rights to return your goods. Payment of the total price plus delivery must be made in full before dispatch of your Products.
4. LOCAL TAXES
User is responsible for all sales taxes (as applicable).
5. SHIPPING AND RETURN
Purchases are subject to Shop.ShawnBrooks.com Shipping and Return Policy.
6. DESCRIPTION OF PRODUCTS
While many component parts of our Products are standard, all Products available for purchase are described on their specific design page on our Site. We always try to represent each design as accurately as possible via photography and copy points provided by designers, artists or photographers.
We have a policy of continuous Product development so we can provide you with what we consider the best design combined with best performance, and thus reserve the right to amend the specifications of Products, their price, packaging and any Service associated at any time, without prior notice. Before ordering, we thus invite you to have a close look at the Product description and design. We use our best efforts to provide you with the best images and description, but unfortunately cannot guarantee that colors and details in website images are 100% accurate representations of the product, and sizes might in some cases be approximate.
7. PURCHASE OF PRODUCTS
Your order represents an offer to us to purchase a Product which is accepted by us once we have sent you an email order confirmation. Any Products on the same order which we have not confirmed in an order confirmation e-mail do not form part of that contract.
Shop.ShawnBrooks.com shall under no circumstances be held liable for any special losses due to specific circumstances of the customer, indirect or consequential losses or wasted expenditure. Orders are placed and received exclusively via the Site. Before ordering from us, it is User’s responsibility to check and determine full ability to receive the Products. Correct address and post code/zip code, up-to-date telephone number and e-mail address are absolutely necessary to ensure successful delivery of your Products. All information asked on the checkout page must be filled in precisely and accurately. Shop.ShawnBrooks.com will not be responsible for missed delivery because of a wrong delivery address or an inappropriate phone number. Should you like to ask for a change in the delivery address, notify change in a phone number or any other special requirements, please contact Shop.ShawnBrooks.com via e-mail.
We deliver to most places in the world. Delivery prices may vary depending on delivery location, and additional charges may be added to the order for remote or difficult to access locations that require special attention. Standard delivery charges are shown on our checkout page; however we reserve the right to advise you of any additional delivery charges that apply to your specific delivery address. Delivery lead time may vary however we aim to supply products within the U.S. within 10 working days of acceptance of order. Products supplied outside the U.S. will normally be delivered within 20 working days of acceptance of order. We can not guarantee delivery dates and accept no responsibility, apart from advising you of any known delay, for products that are delivered after the estimated delivery date. This is only an average estimation, and some delivery can take longer, or alternatively be delivered much faster. All delivery estimates given at the time of placing and confirming order are subject to change. In any case, we will do our best to contact you and advise you of all changes. We try our best to make delivery of your product as simple for you as possible. Depending on the location for the delivery, different carriers and services might be used to deliver your order, but all will be well vetted and of proven reliability.
If you have a dispute with one or more Users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. You agree that Shop.ShawnBrooks.com has no control over and does not guarantee the delivery of the advertised collaborations and that Shop.ShawnBrooks.com shall be released from any and all damages resulting from the failure to receive any benefits of an anticipated collaboration.
10. TRADE MARKS
If you use any of our trade marks in reference to our Products or Services, you must include a statement attributing that trade mark to us. You must not use any of our trade marks in or as the whole or part of your own trade marks; in connection with activities, Products or Services which are not ours; in a manner which may be confusing, misleading or deceptive; or in a manner that disparages us or our information, products or services (including this Site).
You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures, 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 this Agreement, or your violation of any law or the rights of a third party.
12. LAW AND JURISDICTION
If a dispute arises between you and Shop.ShawnBrooks.com.com, we strongly encourage you to first contact us directly to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation. Contracts for the purchase of Products through our Site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) must be resolved by a court located in the State of Florida. Any dispute or claim arising out of or in connection with Agreement or its formation (including non-contractual disputes or claims) will be subject to the nonexclusive jurisdiction of the courts of the State of Florida.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In our sole discretion, we may assign this Agreement upon notice to you. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.
We may amend this Agreement at any time by posting the amended terms on this Site. Except as stated elsewhere, all amended terms shall automatically be effective thirty (30) days after they are initially posted.
This Agreement may not be otherwise amended except in a writing signed by you and Shop.ShawnBrooks.com.com. This Agreement sets forth the entire understanding and agreement between you and Shop.ShawnBrooks.com with respect to the subject matter hereof.
1. INFORMATION WE COLLECT AND PURPOSES FOR DATA PROCESSING
We collect your data when you place an order, complete the purchase registration form and track your order. We will ask you to provide your name, company name, shipping and billing address, phone number, email address, and payment details, and other information that you share with us during checkout. In addition, we may also ask you for your country of residence and/or your organization’s country of operation, so we can comply with applicable laws and regulations. This data is used for billing purposes, to fulfill your orders, to communicate with you about your order and for internal analytical or statistical purposes. If we encounter a problem when processing your order, your personal information may be used to contact you.
Upon starting to use our Services or when you subscribe to our newsletter, we may process your email address to send you informative materials. You may opt out of receiving these e-mails by clicking the “Unsubscribe here” link found in the footer of each email. Alternatively, you may cancel your subscription at any time by sending an email to email@example.com.
2. LEGAL GROUNDS FOR DATA PROCESSING
We only collect and process your personal data where we have lawful basis. Legal grounds for the processing of your personal data vary depending on the specific group of data and the purposes for processing it. Note that we may be processing the same personal data for several purposes simultaneously and, respectively, on more than one legal ground.
Contract. Most of the time the legal basis for processing your personal data is the contractual relationship between us, which is concluded once you agree to our Terms of Service.
Legal obligation. In some cases we process personal data on basis of legal obligations, imposed on us by applicable law, such as financial and tax reporting obligations, or if we have to respond to legal process.
Legitimate interests. Processing of some of your personal data is necessary for pursuing our legitimate interests or the legitimate interests of third parties, always ensuring that such processing shall not outweigh your rights and freedoms. For example, we may process your data for marketing purposes based on our legitimate interest of developing and improving our business. Other legitimate interests include maintaining Service to meet the needs of our users and clients, advertising to make our Service freely available for users, detecting and preventing fraud, abuse, security and technical issues with the Service, fulfilling obligations to our partners, enforcing legal claims, etc.
Consent. When you subscribe to our blog or newsletter, we will send you information, for example, our news, promotions or offers, based on your consent. Note that you have the right to withdraw your consent at any time and unsubscribe by using the unsubscribe link provided in the e-mail or by contacting us.
3. SHARING PERSONAL DATA WITH THIRD PARTIES
In order to provide you with our services, we work with third parties with whom we may share personal data to support these services. Your personal data may be shared with third parties who provide hosting and server co-location services, communications and content delivery networks, data and cyber security services, billing and payment processing services, fraud detection and prevention services, web analytics, email distribution and monitoring services, session recording services, marketing services, our legal and financial advisors, among others (together – “Third Party Service Providers”). The Third Party Service Providers may only receive the minimum amount of personal data necessary, depending on their particular roles and purposes in facilitating and enhancing our Services and business, and may only use it for such purposes. We will only share personal data to Third Party Service Providers that have undertaken to comply with obligations set out in applicable data protection laws. We remain responsible for the processing of personal data carried out by Third Party Service Providers that we have engaged with for respective data processing in accordance with applicable laws. In certain circumstances, we may also be required to share information with third parties to conform to legal requirements or to respond to lawful requests by public authorities as well as to protect our, or a third party’s, lawful interests.
4. RETENTION PERIODS
We may retain your personal data for as long as needed to provide you our Services and as long as any of the above-mentioned legal basis for data processing exist.
5. DATA SUBJECT’S RIGHTS
If you are located in the European Economic Area, in accordance with European Union data protection regulations, you have certain rights with respect to your personal data.
You have the right to request access to your personal data and to correct, amend or delete your personal data by reaching us using the contact information provided below. Furthermore, if you believe that we have unlawfully processed your personal data, you have the right to submit a complaint to the contact information provided below, or to your respective data protection supervisory authority.
6. INFORMATION SECURITY
We seek to use reasonable organizational, technical, and administrative measures to protect the confidentiality, integrity, and availability of personal data. Unfortunately, no data transmission or storage system is guaranteed to be 100% secure, therefore we cannot guarantee absolute security of information. We encourage you to take care of the personal data in your possession that you process online. All of Shawn Brooks authorized personnel involved in the processing of your personal data have committed themselves to confidentiality obligations and shall not access or otherwise process your personal data without your authorization if it’s not for the purpose of providing you our Services. In the event that we experience a personal data breach, we will notify you in accordance with the obligations set out in applicable laws.
7. INTERNATIONAL DATA TRANSFERS
9. CONTACT INFORMATION
1. WHAT ARE COOKIES?
Cookies are small text files created by the website, downloaded to and stored on any internet enabled device – such as your computer, smartphone or tablet – when you visit our homepage. The browser you’re on uses the cookies to forward information back to the website at each subsequent visit for the website to recognize the user and remember the user’s choices (for example language preferences and other settings). This can make your next visit easier and the site more useful to you.
2. WHAT TYPES OF COOKIES DO WE USE AND FOR WHAT PURPOSES DO WE USE THEM?
We use different types of cookies to run our website. The cookies indicated below may be stored in your browser.
Mandatory cookies. These cookies are important because they are necessary for the operation of the website. Without these cookies, it is impossible to ensure a connection to the user profile and to use the website in full. These cookies identify the user’s device, but do not reveal the identity of the user and do not collect the user’s information. These cookies are stored on the user’s device until the browser closes.
Functional cookies. These cookies provide convenient and complete use of our website, and they help users efficiently use the website and make it personalized. Functional cookies save the user’s preferences and ensure individual functions, such as keeping track of a user’s shopping cart. These cookies are stored permanently on the user’s device.
Analytical cookies. These cookies collect information about how users interact with our website, for example, to determine which sections are most frequently visited and which services are most often used. The collected information is used for analytical purposes to understand what interests our users and how to make the webpage more user-friendly. For analytical purposes, we may use third-party cookies. These cookies are stored permanently on the user’s device.
Targeting cookies. These cookies are used on our website to tailor marketing to your interests and to provide you with more personalized services in the future. These cookies remember that you visited our website and may be used to show you personalized advertisements on social media and other sites. For targeting purposes, we may use third-party cookies. These cookies are stored permanently on the user’s device.
For example, we may use Google Analytics cookies to help measure how users interact with our website content. These cookies collect information about the user’s interaction with the website, such as unique visits, returning visits, length of the session, actions carried in the webpage, and others.
3. HOW TO CONTROL COOKIES?
However, please note that without saving certain cookies, it is possible that you will not be able to fully use all the features and services on the Shawn Brooks website.
You can opt out from having your website activity available to Google Analytics by installing the Google Analytics opt-out browser add-on, which prevents sharing information about your website visit with Google Analytics. Link to the add-on and for more information: https://support.google.com/analytics/answer/181881.
For more information and opt-out options, please visit: US – Digital Advertising Alliance Canada – Digital Advertising Alliance EU – European Interactive Digital Advertising Alliance
5. CONTACT INFORMATION