Colin Lancaster
FOR US CUSTOMERS: Terms of Use Overview These Terms of Use (“Terms”) govern the use of the relevant third party branded e-commerce store on the Creator Studio platform (the “Store" or "Service") and for orders placed, on the Creator Studio platform, with H & M Hennes & Mauritz LP (“Creator Studio,” “Us” or “We”). The Store is provided as a service to Our customers. Your use of the Store is governed by these Terms. By using the Service and/or placing an order on the Stor, You agree to be bound by these Terms. We reserve the right to update or modify these Terms at any time without prior notice. For this reason, We encourage You to review the Terms whenever You use or access the Store. If You do not agree to these Terms, please do not use or access the Store. Your use of the Store constitutes Your agreement to follow and be bound by these Terms. By accepting these terms of use and conditions through Your use of the Store, You certify that You are 18 years of age or older. If You are under the age of 18 but at least 13 years of age, You may use the Store only under the supervision of a parent or legal guardian who agrees to be bound by these terms and conditions. Content Permission & Restrictions Unless otherwise stated, the design of the Store, including the software, source code, text, images and all other content and materials that are part of the Store (collectively, “Content”) are copyrights, trademarks, trade dress or other intellectual properties owned, controlled or licensed by Us. The Content is intended solely for Your personal and non-commercial use. No right, title or interest in any Content is granted or transferred to You as a result of Your use of the Store. Certain parts of the Store may allow You to share Content with Your friends on social media platforms. These features grant You a limited license to display the Content as directed, and You understand that You have no other right, title or interest in or to the Content. Except as noted herein, You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, any of the Content or the Store. Your misuse of the Content is strictly prohibited and may subject You to liability under federal, state or international laws. Accuracy of Information in the Store We do Our best to ensure that information in the Store is complete, accurate and current. Despite Our efforts, however, information in the Store may occasionally be inaccurate, incomplete or out of date. All specifications, products, descriptions and prices of products on the Store are subject to change at any time without notice. We make all reasonable efforts to accurately display the attributes of our products, including the applicable colors. However, the actual color You see will depend on your computer system, and We cannot guarantee that your computer will accurately display such colors. We do not warrant the accuracy or completeness of the information, content or materials provided through the Store. The inclusion of any products or services in the Store at a particular time does not imply or warrant that these products or services will be available at any time. We reserve the right to discontinue any product at any time. Shipping Limitation When an order is placed, it will be shipped to an address designated by you as long as that shipping address is compliant with the shipping restrictions contained on the Store. All purchases from the Store are made pursuant to shipment conditions, by accepting these terms and conditions through your use of the Store. You are responsible for contacting Our Customer Service regarding any claims for damaged and/or lost shipments. Email Communication By making a purchase on the Store or otherwise creating an account on the Store, You understand that We may send you communications or data regarding Our products and services. You agree to receive such communications from Us. Unless such email is necessary to facilitate a transaction, such as to complete a sale or provide You with information related to a purchase, We will give You the opportunity to opt-out of receiving these commercial emails from Us by following the opt-out instructions provided in such message(s). Confirmation of Orders While it is Our practice to confirm orders by email, the receipt of an email order confirmation does not constitute Our acceptance of an order. We reserve the right, without prior notice, to limit the order quantity on any product and/or to refuse service to any customer. We also may require verification of information prior to the acceptance and/or shipment of any order. Cancellation or Refusal of Orders We reserve the right to refuse any order You place with Us. We may, in Our 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 We make a change to or cancel an order, We will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in Our sole judgment, appear to be placed by dealers, resellers or distributors. Merchandise & Availability The merchandise sold through the Store is intended to comply with U.S laws and regulations. If you are a non-U.S based user, be advised that other countries may have laws, regulatory requirements, and product safety requirements that are different than those in the U.S. Merchandise availability on Our Store is not guaranteed as it may be low in stock. If merchandise is not available by the time Your order processes, We will notify you of this via e-mail. You will receive a shipping confirmation e-mail once your items have shipped. Click here [http://shop.colinlancaster.me/faq] for more information on shipping. User Comments From time to time, We may allow users to post comments, suggestions, ideas, materials and other submissions ("User Comments") on the Store. These User Comments are provided on a non-confidential basis and, by submitting User Comments, You are granting Us an irrevocable and unrestricted license to fully exploit such User Comments. You agree that no User Comments submitted by You to the Store will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights. You further agree that no User Comments submitted by You to the Store will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any User Comments You make. Although User Comments may be posted on the Store, the posting of those submissions does not constitute our endorsement of such User Comments. We are not responsible or liable for any claim, including, without limitation, loss or injury to real, tangible, or intellectual property, violations of personal privacy or privacy rights, actual, consequential or punitive damages, personal injury, or wrongful death made in connection with User Comments. We reserve the right to remove any User Comments that We deem to be in violation of the above. Links to Third Party Sites The Store may include links to other websites maintained by third parties. These links are provided to You solely as a convenience, and the inclusion of these links to third party websites does not imply endorsement by Us of the content or materials on these websites. Your access to these third party websites is at Your own risk and We will have no liability arising out of or related to such websites or Your access to or use of such websites. Prohibited Uses of Store You understand and agree not to (i) post, transmit, redistribute, upload, or promote any communications or content that could harm or negatively impact Our business, products or services; (ii) act in a manner or employ any device that restricts, impairs, interferes or inhibits any other user from using or enjoying the Store, or which impacts the security of the Store, or (iii) employ any device or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation spiders, bots, crawlers, avatars or intelligent agents) to navigate or search the Store, or to copy content from the Store . Registration, Accounts and Passwords You are responsible for the personal protection and security of any password or username that you may use to access the Store. You are responsible for all activity conducted in the Store that can be linked or traced back to Your username or password. You are obligated to immediately report a lost or stolen password or username to our Customer Service. If You believe someone has used Your password or account without Your authorization, You must notify Customer Service immediately. We reserve the right to access and disclose any information including, without limitation, usernames of accounts and other information to comply with applicable laws and lawful government requests. Disclaimer of Warranty & Limitation of Liability: YOUR USE OF THE STORE IS AT YOUR RISK. THE INFORMATION, MATERIALS, CONTENT AND SERVICES PROVIDED ON OR THROUGH THE STORE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. WITH RESPECT TO OUR PRODUCTS, THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, WHICH EXTEND BEYOND THE DESCRIPTION OF THE MERCHANDISE CONTAINED ON OUR ORDER CONFIRMATION. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE STORE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, EVEN IF WE ARE EXPRESSLY ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. Indemnification You agree to indemnify and hold Us, Our directors, officers, employees, agents, affiliates and subsidiaries harmless from and against any and all claims, damages, costs and expense, including attorney fees, arising from or related to Your use of the Store or breach of these Terms. Jurisdiction These Terms shall be construed in accordance with the laws of the State of New York, without regard to any conflict of law provisions. The waiver of any provision of these Terms shall not be considered a waiver of any other provision or of Our right to require strict observance of each of the terms herein. If any provision of these Terms is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect. Dispute Resolution Mindful of the high cost of legal dispute, not only in dollars but also in time and energy, both You and Us agree to the following dispute resolution procedure: In the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on the Store or, or the breach, enforcement, interpretation, or validity of this Agreement or any part of it ("Dispute"), the party asserting the Dispute shall first try in good faith to settle such dispute by providing written notice to the other party by registered mail describing the facts and circumstances (including any relevant documentation) of the Dispute, and allowing the receiving party 30 days from the date of mailing to respond to the Dispute. Notice shall be sent to: H&M Hennes & Mauritz USA LP, Customer Service, P.O. Box 5571, Chicago, IL 60608-5571 Unless You indicate otherwise in Your notice, We shall respond to Your notice using Your last-used billing address or the billing and/or shipping address in Your online profile. In the event that We are unable to resolve the Dispute with You through the Customer Service department referenced above, You and Us both agree the parties shall resolve their Dispute utilizing binding arbitration, which shall be adjudicated by the Judicial Arbitration and Mediation Services, Inc. (“JAMS”) for binding arbitration under its rules then in effect in New York before one arbitrator to be mutually agreed upon by both parties. Arbitration shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis. You hereby waive your right to a class action lawsuit. Resale of Product & Order Acceptance The Store sells products to retail consumers only. You shall not use the Store to purchase products for re-sale or export. In addition, We do not accept orders from any resellers, dealers, exporters, or distributors who may resell the products offered by Us. We reserve the right to immediately bar access to the Store or and terminate the account of any user who violates this provision. Privacy Statement We are committed to protecting the privacy of the visitors to the Store. For information on how information is collected, used, or disclosed by us in connection with your use of the Store, please consult our Privacy Policy. [http://shop.colinlancaster.me/privacy] Customer Service If You do not understand any of the foregoing Terms or if You have any questions or comments, please contact our Customer Service team using Our contact form here [http://shop.colinlancaster.me/faq]. FOR ORDERS IN EU, UK and OTHER: Terms & Conditions 1. General The following terms and conditions apply to all orders placed by the customer (hereinafter referred to as ”You”) with Creator Studio (hereinafter referred to as “Creator Studio”, ”Us”, ”We” or "Our") at the relevant third party branded e-commerce store on the Creator Studio platform (hereinafter referred to as “Store” or "Service"). By using the Service and/or placing an order on the Store, You agree to be bound by the terms and conditions set out herein (the ”Terms”). Please make sure You have read and understood the Terms before placing Your order. Only persons of legal age, 18 years or older, who are not under guardianship, and are not acting in capacity as a company, with a delivery address in any of the markets We deliver to can place an order. More information can be found on Our customer service pages - Delivery. The inclusion of any products or services on the Store at a particular time does not imply or warrant that these products or services will be available at any time. We reserve the right to discontinue any product at any time and to cancel Your order due to technical issues or products becoming unavailable. We reserve the right to amend these Terms from time to time without prior notice to You. The version of the Terms that will apply to Your order will be those accepted by You in the checkout. We want to provide the best possible online experience. To make this possible We need to ensure that our services runs like a clockwork. You understand and agree not to (i) post, transmit, redistribute, upload, or promote any communications or content that could harm or negatively impact our business, products or services; (ii) act in a manner or employ any device that restricts, impairs, interferes or inhibits any other user from using or enjoying the Store, or which impacts the security of the Store, or (iii) employ any device or attempt to use any engine, software, tool, agent, script or other device or mechanism (including without limitation spiders, bots, crawlers, avatars or intelligent agents) to navigate or search the site, or to copy content from the Store. We reserve the right to immediately bar access to the site and close the account of any user who violates this provision or any other provision in these Terms. 2. Prices and delivery charges Within the EU, the prices displayed at the Store include the statutory consumption tax of the jurisdiction to which the order is to be delivered. Outside of the EU and depending on the jurisdiction, You may be required to handle statutory consumption tax as well as import duties and/or fees to pay upon receipt. Any shipping fees payable will be shown to You during the checkout process. Please note that You will bear any and all costs associated with importing the order to Your market. 3. Ordering/conclusion of contract " You can add products to Your shopping cart using the “Buy now"" button. When You use the ""Proceed to checkout"" button in the shopping cart You will be able to choose between different payment options. You complete Your order by completing the relevant instructions in the chosen payment option's interface. By completing the order You are making a binding offer to purchase the products in the shopping cart. Before submitting the order, You can change and view it at any time. We will then send You an automatic confirmation of receipt by email, in which Your order is listed again and which You can print out using the ""Print"" function. The automatic confirmation of receipt only documents that Your order has been received by Us and does not constitute acceptance of the offer. Depending on Your selected payment option, payment may be triggered, or the amount reserved on your account, at this point in time. The order is only concluded when the products are delivered or the declaration of acceptance is made by Us, which is sent in a separate e-mail (shipping confirmation email) at which point the reserved amount, depending on the payment option You chose, is captured. The Terms applicable to Your order are not saved by Us and may not be accessible to You on the Store after the agreement has been concluded. " If for any reason We are unable to fulfill Your order, We will let You know at the earliest opportunity. If We have already received payment for such order, We will attempt to refund the applicable amount using the same method used to make the payment. If, for any reason, alternative arrangements are necessary We will notify You and ask You to contact Us using the contact form available here [http://shop.colinlancaster.me/faq] to settle the refund. 4. Delivery We exercise the utmost diligence in accepting and processing orders and will attempt to deliver Your order in accordance with Your selected delivery option. Before You place Your order, You will be informed of the expected delivery details. Once You have placed Your order You will receive an email confirmation with Your expected delivery details. 5. No Right of Withdrawal The product(s) of the order placed on the Store is/are custom-made for You, and according to the specifications provided by You. This means that You do not have a right of withdrawal, and that the purchase is final. 6. Faulty products If the item You receive is faulty, please notify Us at Your earliest convenience using the contact form available here [http://shop.colinlancaster.me/faq]. If We deem the item faulty, We will attempt to deliver a replacement for the faulty item. If a redelivery is not possible, You will be provided a full refund of the price of the product. We will attempt to refund the applicable amount using the same method used to make the payment. If, for any reason, alternative arrangements are necessary We will notify You and ask You to contact Us using the contact form available here [http://shop.colinlancaster.me/faq] to settle the refund. 7. Payment methods You can pay for Your products as set out below. Please note that the available payment options may vary per market. The payment options available to You are indicated in the checkout. Credit card or Payment card You can enter Your payment details at the time You place Your order using a valid credit or payment card (with a VISA, Mastercard or American Express logo). We, or Our payment service provider, reserves the right to check the validity of the credit/payment card and check for indications of fraudulent activity. These checks may include the credit/payment card’s credit status in relation to the order value and whether the address data of the purchaser is correct and/or matches the delivery address, and anti-fraud services. We may refuse orders depending on the result of these checks. Please note that applicable bank charges will be borne by You. Other payment options Depending on Your chosen market, one or more of the following payment options are avaiable to you: - PayPal - Klarna - iDEAL - Bancontact - Multibanco - Sofort We, or our payment service provider, reserve the right to check the validity of the account You provide, that there are enough funds to cover the purchase sum, use anti-fraud services on the information You provide and validate the billing address details of the purchaser. We reserve the right to deny any purchase based on these checks." Other You are obliged to submit a correct e-mail address and to inform Us if Your email address changes. Please note that We are unable to accept gift cards and merchandise cards as forms of payments. You will receive the receipt of the transaction in the shipping confirmation email. 8. Our Liability Nothing in these Terms shall exclude or limit Our liability regarding any matter for which it would be unlawful for Us to limit or exclude Our liability. We do not seek to exclude liability for fraudulent misrepresentation by Us or Our employees or agents. If We breach these Terms, We shall only be liable for losses which are a reasonably foreseeable consequence of such breach. We are not responsible for indirect losses which are a side effect of the main loss or damage, for example loss of profits or loss of opportunity; or for failure to deliver the products or to meet any of Our other obligations under these Terms where such failure is due to an event that is beyond Our reasonable control, i.e. force majeure. Our maximum liability to You for any loss or damage arising in connection with Your order on the Store shall be limited to the total price of Your order, unless mandatory regulations states otherwise. If You have a problem with a product that You have purchased from the Store, please contact Us using the contact form available here [http://shop.colinlancaster.me/faq] to solve the matter. If You are an EU resident and You were not able to settle the complaint with Us, then You can submit Your complaint to the EU’s online dispute resolution platform (the “ODR platform”). The ODR platform offers consumers and traders within the EU with the possibility to try and reach an out-of-court settlement for complaints arising from online purchases. This single-entry point is designed to be a user-friendly and interactive website, available in all EU official languages and free of charge. Using the ODR platform, the consumer and the trader can find a dispute resolution body and then go through the process of finding a solution to the consumer’s complaint. The ODR platform is available here: http://ec.europa.eu/odr. 9. Colors We make all reasonable efforts to accurately display the attributes of our products, including composition and colors. The color You see will depend on Your computer system, and We cannot guarantee that Your computer will accurately display such colors. 10. Guarantee If there are defects in the products You have purchased, We abide by all statutory guarantee regulations. If You have a complaint regarding material or manufacturing faults in products that We have supplied, including damage incurred in transit, please let Us know by contacting Us using the contact form available here [http://shop.colinlancaster.me/faq]. 11. Assignment We reserve the right to assign or pledge to third parties any claim(s) for payment which have arisen in connection with the delivery of products. 12. Severance If any part of these Terms is disallowed or found to be ineffective by any court or regulator, the other Terms shall continue to apply. 13. Ownership of rights All intellectual property rights, such as trademarks and copyrights on the Store remain with Us, Our affiliated companies within Our company group or licensors. Any use of the Store or its contents, including copying or storing such content in whole or part, other than for Your own personal, non-commercial use, is prohibited without Our permission. 14. Company Information H & M Hennes & Mauritz GBC AB is the merchant of sale and operates the brand Creator Studio. Registered office: Mäster Samuelsgatan 46 A, 106 38 Stockholm, Sweden Registered number: 556070-1715 VAT number: SE556151237601