Issued 20th of January 2020

TERMS AND CONDITIONS OF USE AND SALE

Please read carefully the following terms and conditions of use for the www.herownstore.com website ("Site") and the ordering and sale of products (“Products”) to you (“Terms & Conditions”). Please save or print a copy of these Terms & Conditions, or store them in your computer, for future reference.

ABOUT US

The Site and Products are provided by JORUM OF SCOTLAND LIMITED (“HEROWN”) and as appropriate its affiliates,“We/us” refers to JORUM OF SCOTLAND LIMITED and/or illustrated affiliates as the context requires. The registered address for JORUM OF SCOTLAND LIMITED is 12 St Stephen Street, Edinburgh, EH3 5AL. JORUM OF SCOTLAND LIMITED is a company registered in Scotland under company number SC615032; VAT number is GB 310270364. JORUM OF SCOTLAND LIMITED is responsible for the sale of the Products to you and delivery within the UK and Isle of Man and other non EU and EU destinations.

PRIVACY POLICY

Any personal data which you may provide us through the Site is subject to our Privacy Policy.

USE OF SITE

(a) You may access the Site solely for your own personal use. You must not use any content of the Site for any commercial or illegal purpose.
(b) By submitting any material to us ('Material') you acknowledge that we may copy, modify, distribute or create a derivative work from the Material in any manner that we shall determine. You will indemnify us if any third party takes action against us in relation to the Material.
(c) We reserve the right to charge you to access certain information on the Site. We will inform you where a charge will be incurred by you for accessing certain services or information.
(d) You must not cause any nuisance, annoyance or inconvenience to us, our customers or our users of the Site.
(e) You must not submit any Material which is false, for which you are compensated by any third party, that includes any information that references other websites, addresses, email addresses, contact information or phone numbers, is defamatory, offensive, menacing or obscene to the Site or which in our Judgment may cause nuisance, annoyance, damage or offence, inconvenience to us or any other person or which is illegal. We may remove such material from the site at any time without notice to, or consent by, you.
(f) We reserve the right to suspend the Site at any time for operational, regulatory, legal or other reasons. We may terminate your use of the Site with immediate effect if you breach any of these Terms & Conditions.
(g) You take responsibility for access to your computer or mobile device and you will maintain your account and password confidential and to the extent permissible by law, you accept responsibility for the activities that occur under your account or password.

DEALINGS WITH THIRD PARTIES

(a) The Site may provide links to other web sites or resources, and promotions of advertisers and merchants. As we have no control over such sites and third party resources, you acknowledge that we are not responsible for the availability of such external sites or third party resources, do not endorse and are not liable for any content, advertising, products, services or other materials on or available from such sites or third party resources.
(b) Any dealings by you with any third party on or through the site shall be solely between you and that third party and we shall not be responsible for any loss or damage that may arise from any such dealings, nor shall we be deemed to be acting as an agent for you in any such dealings.

INTELLECTUAL PROPERTY RIGHTS

(a) The Site and its content are protected by intellectual property rights, including copyright and trade marks, as detailed in our Copyright and Trademark Notice.
(b) Except as expressly authorised by us or relevant third parties, you agree not to copy, download, adapt, alter, modify, rent, lease, loan, sell, distribute or create derivative works of any content of the Site, in whole or in part.

DISCLAIMERS

(a) Your use of the Site is at your sole risk. The Site is provided on an "as is" and "as available" basis and we do not guarantee that the Site will be suitable for your purposes or requirements. If your PC does not support relevant technology including encryption, you may not be able to use certain services or access certain information on the Site.
(b) The Site is accessed via the World Wide Web which is independent of us. Your use of the World Wide Web is solely at your own risk and subject to all applicable national and international laws and regulations. We shall have no responsibility for all information or service obtained by you on the World Wide Web.
(c) The content of the Site has been compiled from a variety of sources and is subject to change without notice. We use reasonable care in compiling and presenting the content of the Site, but we give no guarantee that the content is complete, accurate, error or virus free or up to date. We will have no responsibility for any variations in colour or appearance caused by your browser software or computer system. Product specifications and descriptions are not intended to be binding and are intended to only give a general description of the products.
(d) So far as permitted by law, we disclaim all warranties, conditions and other terms of any kind, whether express or implied, whether in contract, tort (including liability for negligence) or otherwise, including, but not limited to any implied term of satisfactory quality, fitness for a particular purpose, and any standard of reasonable care and skill. We will not be liable for any delay or failure to perform or comply with our obligations under these Terms & Conditions if the delay or failure arises from any cause, which is beyond our reasonable control.

LIMITATION OF LIABILITY

So far as permitted by law, and except in respect of death or personal injury arising from negligence, we exclude any liability for loss or damage of any kind resulting from the use of the Site (including the reliance upon any information contained on it). We are not responsible for any delay or failure to comply with our obligations under these Terms & Conditions. This does not affect your legal right to have Products sent within a reasonable time or to receive a refund if Products cannot be supplied within a reasonable time.

GENERAL INFORMATION

(a) These Terms & Conditions together with any further terms for the purchase of Products and documentation and materials referenced in these Terms & Conditions including our Delivery & Returns policy constitute the entire agreement between you and us.
(b) Any failure by us to exercise or enforce any right or provision of the Terms & Conditions shall not constitute a waiver of such right or provision.
(c) These Terms & Conditions and the relationship between you and us shall be governed by the laws of Scotland and the Scottish courts shall have the exclusive jurisdiction over any dispute.
(d) We reserve the right to vary these Terms & Conditions and any of our policies from time to time, such variations becoming effective immediately upon posting to the Site, and by continuing to use it you will be deemed to accept any such variations.You will be subject to these Terms & Conditions as in force at the time that you ordered Products from us, unless any change to those terms and conditions is required by law in which case it may apply to order previously placed by you.

COPYRIGHT AND TRADEMARK NOTICE

All content on this Site is protected under the Copyright, Designs and Patents Act 1988 and is Copyright © by JORUM OF SCOTLAND LIMITED or, where applicable, independent content providers and third parties. All rights are reserved. Reproduction and/or transmission of any content, by any means, without the express permission of the owner is prohibited by law. HEROWN and any other HEROWN name and/or mark on the Site are trademarks of JORUM OF SCOTLAND LIMITED. Other names on this site may be trademarks or registered trademarks of their respective owners.

ORDERS

You agree that your order is an offer to purchase the Products from JORUM OF SCOTLAND LIMITED and any associated delivery services from JORUM OF SCOTLAND LIMITED as applicable as listed in your order. All orders are subject to acceptance by us. We may choose not to accept your order for any reason without liability to you. After submitting an order, we will send you an order acknowledgement email with your order number and details of the Products you have ordered from us and details of any delivery services you have ordered from us. Please note that this email is an acknowledgement that we have received your order and is not an acceptance of your order. Acceptance of your order and the formation of:
(a) a contract of sale for the Products between JORUM OF SCOTLAND LIMITED and you; and
(b) as applicable a contract for any delivery services between you and JORUM OF SCOTLAND LIMITED will not take place unless and until the earlier of (i) the date on which HEROWN receives payment in full or (ii) when HEROWN dispatches the Products to you.

PRICING AND PAYMENT

Prices on the HEROWN website (www.herownstore.com) will be shown in £ sterling. We may vary the prices on our site at any time and without any notice. If your order is to be delivered within the European Union, both the product price and delivery services price includes applicable VAT or sales tax payable. If your order is to be delivered outside the European Union, it may attract additional import duties and local sales taxes which you will need to pay on receipt of the shipment. Delivery charges are itemised on the order acknowledgement issued by HEROWN. Our Site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product's correct price is higher than the price stated on our Site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or cancel your order and notify you of such cancellation. When you make a purchase for Products and delivery services as applicable from JORUM OF SCOTLAND LIMITED please make sure you do this in the currency of your bank or credit card. Please note that it is common practice for banks and credit card providers to have different selling and buying exchange rates for currency. We do not accept responsibility for charges or differing rates of currency exchange levied by a customer's bank or credit card provider. Any Products purchased prior to any markdowns or discount offered will not be refunded the difference. You may return the higher priced item in its original condition, to us for either a refund or an exchange. However, if returned for an exchange, this is subject to availability. Outlet/Sale section – All ‘was’ pricing is the original RRP. ‘Now’ pricing reflects the latest markdown price.

PAYMENT

More information about the payment methods that we accept are set out on the Site. You confirm that the credit/debit card or payment method that is being used is yours and that all details you provide to us in respect thereof including, without limitation, name and address details are complete, correct and accurate. You further confirm that the credit/debit card or payment method is valid and the inputted payment details correct. All credit/debit cardholders and any payment account holders are subject to validation checks and authorisation by the card issuer or payment method provider. If the issuer of your card refuses to authorise payment, we will not accept your order and we will not be liable for any delay or non-delivery and we are not obliged to inform you of the reason for the refusal. We are not responsible for any charges or other amounts applied by your card issuer or bank or payment method provider as a result of our processing of your credit/debit card payment or other method of payment in accordance with your order. If your credit/debit card or payment method is not denominated in the currency of your purchase indicated on the Site, the final price may be charged in the currency of your card or account. Such final price is calculated and charged by your card issuer or bank or payment method provider and therefore we shall not be responsible for any cost, expense, charge or other liability incurred or suffered by you as a result of your card issuer or payment method provider charging you in a currency other than the currency set out on the Site.

CANCELLATION RIGHT - COOLING OFF PERIOD

Our policy on Returns applies to any Products purchased from us and as set out below. If you are a UK/EU consumer, you have the legal right to cancel your order within 14 days following your receipt or physical possession of the Products from us or when a third party other than the carrier and indicated by you receives or has physical possession of the Products. If you wish to cancel your order using this legal right, you must inform us of your decision to cancel the contract in writing (e.g. by a letter sent by post or email. The address to write to is: HEROWN, 3/8 Rodney Street, Edinburgh, Scotland EH7 4EN.) Alternatively you can inform us by emailing: hello@herownstore.com If you exercise your right to cancel the contract during the 14 day period after receipt of the goods, we will reimburse you the cost of the goods using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. In any event, you will not incur any fees as a result of the reimbursement. If you have received goods and wish to exercise your right to cancel, we may withhold reimbursement until we have received the said goods back in saleable condition. All items must be returned to us in a fully resalable condition, which means being unused with all accompanying documents, un-tampered stickers, with undamaged outer packaging and the inner product unused. HEROWN reserves the right to refuse a refund or exchange on items deemed not to be resalable. This does not affect your statutory rights in connection with faulty items. Please note that certain products cannot be returned for reasons of health and hygiene. You will be responsible for the cost of returning the goods unless our Return Policy provides that we will reimburse the costs of returning items or if we delivered items in error to you or they were damaged or defective. For further information about your statutory rights, contact your local authority Trading Standards department or consumer advice centre (for example the Citizen's Advice Bureau if you are in the UK).

MADE TO ORDER

HEROWN collaborates with and commissions work by independent practitioners; artists, artisans, craftspeople etc. As such, we offer a digital platform to sell their pieces with full profits being returned to them. These works are presented with a dedicated page on our Site (www.herownstore.com). Works may be made available to order through the HEROWN website or by email. All represented works are supplied as Made to Order. Any product which offers a bespoke shopping option is deemed as a Made to Order product. All Made to Order products will be clearly presented as such on their designated page. Made to Order product delivery times, those created by an independent practitioner, will be shown against individual items or via email if requested. There will be work-specific shipping costs added for these works which will be communicated at the time of enquiry. Order processing will be carried out by HEROWN and the product will be supplied to you directly from the artist in most cases. When ordering a Made to Order product you consent to your name, delivery address, email address and contact number being securely supplied to the artist for the sole purpose of supplying your goods and communicating with you in relation to your order. The supplier will not use your personal data for any other purpose and will securely dispose of your data in accordance with GDPR guidelines. Made to Order items are non-returnable. The only exception being if the item is faulty or misdescribed. If an item is faulty please contact HEROWN via email at: hello@herownstore.com. If you are a UK/EU consumer, you have the legal right to cancel your order within 14 days following your receipt or physical possession of the Products. If you wish to cancel your order using this legal right, you must inform us of your decision to cancel the contract in writing. Alternatively you can inform us by emailing: hello@herownstore.com. For more information on your right to cancel, please see the ‘Cancellation Right – cooling off period’ section in these Terms and Conditions. All Made to Order products are excluded from promotions or discounts.

RETURNING OR EXCHANGING ITEMS PURCHASED ON OUR WEBSITE

UK RETURNS SERVICE

You may return your purchase (or part of it) for an exchange or refund within 28 days of receiving it by sending the item(s) back to us at the following address:
HEROWN
3/8 Rodney Street
Edinburgh
Scotland
EH7 4EN

Please include your dispatch note marked with the items being returned. This will enable us to send email confirmation to you that your parcel has been safely received. We are not responsible for return postage costs other than for incorrect, mis-described or faulty items which can be returned free of charge by emailing hello@herownstore.com - we will arrange a convenient collection method. Be sure to obtain a proof of postage or receipt when returning items. We cannot be held responsible for items that fail to reach us. All items must be returned in a fully resalable condition, which means being unused with all accompanying documentation, untampered stickers and in the original packaging. HEROWN reserves the right to refuse a refund or exchange on items deemed not to be resalable. This does not affect your statutory rights in connection with faulty items. Please note that certain products cannot be returned for reasons of health and hygiene. If you would like to exchange your item(s), please email us to arrange an exchange at: hello@herownstore.com. All exchanges will be sent to you without any additional postage charges. Exchange items are subject to availability. If you return your entire order for a refund (or notify us of your intention to return it by emailing hello@herownstore.com within 14 days of receiving it), we will also refund any initial postage and packing charges, unless you opted for express delivery, in which case only the standard postage and packing charges will be refunded. Sale items can be returned for refund or exchange within 14 days of receipt but please allow up to 10 days for your return to be processed once it is received by us.

INTERNATIONAL RETURNS

Customers returning orders from outside of the UK will be responsible for all costs associated with returning their order. We recommend that overseas customers send their returns via a registered trackable service and returns are sent in compliance with Dangerous Goods shipping regulations where applicable. We cannot be held responsible for items that fail to reach us or any charges brought against you in relation to a breach of shipping Dangerous Goods. If you have an issue attempting to return an order, please email us for more information: hello@herownstore.com

CUSTOMER SERVICE

If you wish to make a complaint please send us an email at: hello@herownstore.com or in writing to the following address.
JORUM OF SCOTLAND LIMITED
12 St Stephen Street
Edinburgh
EH3 5AL

DELIVERY

Please note that unless otherwise stated on the Site, delivery times are estimates. Delivery times are not guaranteed delivery times and should not be relied upon as such. When ordering, you will be offered our delivery service once you reach the delivery address details page. Orders will be sent to the delivery address that you have given on your order form. We cannot be held responsible if that delivery address is incorrect or incomplete. Please note that we do not deliver to PO boxes. Please note that there are restrictions on the locations to which we deliver Products purchased from the Site. Details of the locations to which we deliver are available from us on request. Please email us for more information regarding UK and international delivery options at: hello@herownstore.com.When you have selected your preferred delivery method from those offered for your selected shipping destination and provided your order has been accepted by us, your order shall be processed by HEROWN and we will endeavour to dispatch your order in accordance with the estimated delivery times set out. Orders received after any specified “cut off” or “last order” time or on a day which is not a working day (that is any day on which the banks are open for business which is not a Saturday or a Sunday), will be processed on the next working day. Estimated delivery times will be calculated from the date on which the order is processed. Please note that all delivery options available on our Site may not be available via certain applications or when the Site is accessed using a mobile device. Title in the Products will pass to you on the date and time on which HEROWN receives payment in full for such Products; and /or in the event that a Product is subsequently imported into a country other than the country to which we delivered the Product, you shall be responsible for complying with all local import requirements, laws, regulations and rules and paying all import taxes and duties as may be applicable in respect thereof.

CUSTOMS

If your order is to be delivered outside the European Union, it may attract import duty and local sales taxes which customers will need to pay on receipt of the shipment. Any additional charges for customs clearance must be borne by you. These rules vary by country and your local government determines duty and customs charges, so you should contact your local customs office for further information. If the customer fails to collect their parcel from customs and HEROWN has to have the parcel returned to them, the customer will be responsible for the cost associated with HEROWN having to retrieve the parcel.

ALTERNATIVE DISPUTE RESOLUTION

The EU Commission ODR platform can be accessed here: http://ec.europa.eu/odrHEROWN can be contacted by email: hello@herownstore.com