In this Agreement the following words and expressions shall have the following meanings:
“Digital Goods” means any intangible digital product or service sold and delivered by “The Brand Cave”.
“Final Deliverables” means the final customised files delivered to the “Customer”.
“Store” means any web based service operated by “The Brand Cave” for the purposes of marketing and retailing digital goods.
“Customer” means you the person purchasing “Digital Goods” from “The Brand Cave”
“Author” means the person that has the Intellectual Property rights or rights to sell the “Digital Goods” via the “Store”
Words denoting the singular shall include the plural and vice versa and words denoting any gender shall include all genders.
The headings of the paragraphs of this Agreement are inserted for convenience of reference only and are not intended to be part of or to affect the meaning or interpretation of this Agreement.
Acceptance of terms
Conditions of Sale
These Conditions of Sale govern the sale of “Digital Goods” by “The Brand Cave” to the “Customer”.
- The Contract
When you purchase “Digital Goods” from “The Brand Cave” via any of our “Store” venues you will be required to click the “I Agree” tick box to complete the order. By clicking the “I Agree” tick box you are accepting these terms and conditions of sale. The contract for the purchase of any “Digital Goods” will be between the “Customer” and “The Brand Cave” and will only be formed when “The Brand Cave” accept and confirm via email to the “Customer”, and we have received payment in full for the “Digital Goods”. Until we confirm to go ahead with the “Digital Goods” there is no contract between the “Customer” and “The Brand Cave” for the “Digital Goods”. “The Brand Cave” reserves the right, at our sole discretion to reject any order we receive, and refund you in full if we think your business and name is not the right fit for the “Digital Goods”.
By placing an order with “The Brand Cave” you agree you are:-
- legally capable of entering into binding contracts
- at least 18 years old or are aged 16-18 and have read these terms of sale together with your parent and/or guardian who has explained these conditions of sale to you so that you fully understand them
And you understand that the “Digital Goods”/“Final Deliverables” do not include:
- Any stock imagery shown in listing unless otherwise stated.
- Any physical printed material, only the digital design files for print, specified on the “Store”.
- Font files or licences for the fonts shown. If the “Customer” would like the full font files they must purchase their own license to the proposed font separately.
- Cancellation and Refunds
Due to the personalised nature of our products, by completing the customisation form and contract sent from “The Brand Cave” the “Customer” is waiving their rights to a cooling-off period to ensure we can begin work on the customisation of the “Digital Goods”. If the “Customer” requests a refund after they have completed and returned the customisation form and contract, but have not yet received the “Final Deliverables” the “Customer” will only receive a refund to the amount of 50% of the original purchase price to cover for the time spent working on the design.
All sales of “Digital Goods” are final. Refunds for any “Digital Goods” sold by “The Brand Cave” will only be considered for a refund if any of the following conditions apply:-
- The “Customer” has not yet filled out the customisation form and contract sent out after payment, and therefore the “Digital Goods” have not yet been customised, and no time has been spent working on the design.
- The “Digital Goods” were incorrectly described on the “Store”
All refunds will only be issued to the transaction ID related to the sale of the “Digital Goods”.
- Price and Payment
When purchasing any “Digital Goods” from “The Brand Cave”, you understand that until we send you confirmation, we withhold the right to decline and refund your purchase. In the case that we deem your proposal to be unsuitable for the brand, you will be first contacted to discuss our concerns and what the possibilities are. If we cannot come to a workable agreement, we will refund you the full amount and re-list the brand on our site.
Prices can be converted to your local currency during the payment procedure.
Payment must be made using a valid credit/debit card using PAYPAL.
Full payment, a completed customisation form and contract must be verified before design work is undertaken. When payment, completed customisation form and contract has been verified, the client will be sent a confirmation and acceptance e-mail, marking the beginning of the design process.
The price of any “Digital Goods” will be as quoted on the “Store” at the then current time, except in the case of obvious error. This price will include legally applicable VAT. The “Customer” agrees they may have to provide their country of residence during the order process for the purposes of calculating the correct amount of VAT to apply to the order. We will not accept any offers for “Digital Goods” other than at the then current price. Payment for all “Digital Goods” is processed securely by various third party payment gateway services and will be handled in the currency advertised on the “Store”.
- Customisation of Digital Goods
“Customer” brand (name, tagline, etc) must fit into designed brand, to the recommended character count specified on the item, without major changes. “The Brand Cave” reserves the right to assess the compatibility of the brand to the inquiring purchaser. The customisability depends on the brand package you have chosen and will be specified on the individual product page. Additional design edits and requests from the “Customer” that fall outside of what is specified on the product page, or what “The Brand Cave” believes is a reasonable request will be subject to additional fees. If this is the case, “The Brand Cave” will present the client with a proposal for the cost of extra design changes of which the client may choose to accept or refuse. All additional design work will be charged at our regular rate of £50.00 GBP per hour. Please note, if your selected brand contains watercolour or foil elements, we have a select amount of pre approved watercolour and foil swatches from which you must choose. This is to ensure the process is as simple as possible for both parties.
- Accreditation and Promotion
You agree that “The Brand Cave” may reproduce and display the “Final Deliverables” for promotional and marketing purposes, including, without limitation, in portfolios and websites, in galleries, design periodicals, and other media or exhibits for the purposes of recognition of creative excellence or professional advancement, and to be credited with authorship of the “Final Deliverables” in connection with such uses.
- Delivery and Uses
“Digital Goods” are delivered to the “Customer” by a choice of methods:-
- via download to the “Customer”‘s personal desktop computer
- via download to the “Customer”‘s personal mobile device, either directly or using our optional free iOS download app if using an Apple device
- via transfer to the “Customer”‘s Dropbox account
Your files will be available on your personal link for a limited amount of time, so be sure to download your files and create a backup in a timely manner. “The Brand Cave” is not responsible for maintaining copies of brand files or any “Digital Goods” after the project is complete. The initial proofs and final file delivery timeframes will depend on the size of your brand package. “The Brand Cave” aims to complete and deliver all packages within 10 business days, and smaller packages within 5 business days, after the payment has been received.
You hereby agree to download “Digital Goods” for use to represent one business/person only as required for commercial or personal use. Nothing in these conditions of sale grants the “Customer” any rights other than those expressly set out herein. These terms do not grant the “Customer” any rights in relation to commercial sale, resale, reproduction, distribution or commercial exploitation of any “Digital Goods”. Any breaches of these terms will be pursued to the full extent of the law.
By purchasing “Digital Goods” from “The Brand Cave” you understand that we are not responsible for checking business names or logo types created from the brand cave. You are responsible for ensuring you have all necessary rights to use any business/trading names or logos, and are not infringing on any trademarks or existing corporate names/logos in your governing region. “The Brand Cave” does not provide registration services, nor does it assume responsibility in the event of a plagiarized name, an existing identity or extreme logo similarity.
- Customer Requirements
As our “Customer”, you have a responsibility communicate in a timely manner, and timeframes will be affected if this doesn’t occur. If your project goes past 30 days from purchase without any response from you and “The Brand Cave” has not yet received a completed questionnaire and contract, we will re-list the brand and you will not receive your final files. The “ Customer” will be issued a full refund after 30 days if you have made no correspondence from your initial purchase.
In order for the “Customer” to access and download the “Digital Goods” the “Customer” is required to have:-
- an internet connection
- a personal desktop computer or mobile device capable of opening the “Digital Goods”
All “Digital Goods” received can be accessed using regular software, If you need to edit any of the files in the future, you will need either a graphic designer or graphic design software and skills.
- Email Communications
In the process of purchasing “Digital Goods” from “The Brand Cave” the “Customer” email address will be subscribed to the “The Brand Cave” general email list. All subscriptions are opt-in meaning the “Customer” will receive an opt-in email after the sale asking them to opt-in to receive future promotional emails. “The Brand Cave” also use the “Customer” email address to issue a one time ‘Order Receipt’ email to upon receipt of a successful order, and will then use for further communications about the customisation of the “Digital Goods”.
Neither party shall be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, the act or omission of government, highway authorities or any telecommunications carrier, operator or administration or other competent authority, the act or omission of any Internet Service Provider, or the delay or failure in manufacture, production, or supply by third parties of equipment or services, and the party shall be entitled to a reasonable extension of its obligations after notifying the other party of the nature and extent of such events.
If any provision of this Agreement is held invalid, illegal or unenforceable for any reason by any Court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if this Agreement had been agreed with the invalid illegal or unenforceable provision eliminated.
This Agreement contains the entire Agreement between the parties relating to the subject matter and supersedes any previous agreements, arrangements, undertakings or proposals, oral or written. This Agreement may be updated without notice.
Governing Law and Jurisdiction
These terms shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.
To protect your privacy we will not distribute any of your details to third parties other than as already described in section 8 of the Conditions of Sale, unless required to do so by law. “The Brand Cave” is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using the “Store”, then you can be assured that it will only be used in accordance with this privacy statement. “The Brand Cave” may change this policy by updating this page. You should check this page from time to time to ensure that you are happy with any changes.
– What we collect and how we use the data
We will collect the following information when you purchase “Digital Goods” from the “Store”:-
- Your full name, we use this to identify you in Order Receipt emails and the “Author” may require it to ship a counterpart physical product to you.
- Your email address, we use this to communicate to the “Customer”.
- Your country of residence, we need this to accurately determine what VAT to apply to your order.
- Your address if required to do so for VAT purposes, or if the “Author” requires it to ship a counterpart physical product to you.
- Your computer or mobile devices OS and Browser, we use this information to better serve content to Customers.
When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system.
Email marketing (if applicable): With your permission, we may send you emails about our store, new products and other updates.
2 – CONSENT
How do you get my consent?
When you provide us with personal information to place an order, contact “The Brand Cave” via any of the contact forms, we imply that you consent to our collecting it and using it for that specific reason only.
If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.
How do I withdraw my consent?
If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at anytime, by contacting us at email@example.com or mailing us at: The Brand Cave 600 Fleet Street, Toronto, ON, M5V 1B7, Canada
3 – DISCLOSURE
We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service.
4 – PAYMENT
We use Paypal as a third party payment gateway to complete your purchase, therefore “The Brand Cave” does not store any of the payment details throughout the transaction process.
5 – THIRD-PARTY SERVICES
In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us.
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 we are required to provide to them for your purchase-related transactions.
For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.
In particular, remember that certain providers may be located in or have facilities that are located in a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.
As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act.
When you click on links on our store, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.
6 – SECURITY
To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.
7 – AGE OF CONSENT
By using this site, 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 us your consent to allow any of your minor dependents to use this site.
If our store is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.
QUESTIONS AND CONTACT INFORMATION
If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information contact our Privacy Compliance Officer at firstname.lastname@example.org.
Cookies In Use on This Site
Cookies and how they Benefit You
Our cookies help us:
- Make our website work as you’d expect
- Remember your settings during and between visits
- Improve the speed/security of the site
- Allow you to share pages with social networks like Facebook
- Continuously improve our website for you
- Make our marketing more efficient (ultimately helping us to offer the service we do at the price we do)
- Collect any personally identifiable information (without your express permission)
- Collect any sensitive information (without your express permission)
- Pass data to advertising networks
- Pass personally identifiable data to third parties
- Pay sales commissions
You can learn more about all the cookies we use below
More about our Cookies
Website Function Cookies
Our own cookies
- Making our shopping basket and checkout work
- Remembering your search settings
- Remembering if you have accepted our terms and conditions
There is no way to prevent these cookies being set other than to not use our site.
Social Website Cookies
So you can easily “Like” or share our content on social media we have included sharing buttons on our site.
Cookies are set by: Facebook, Twitter, Google+, Pinterest and Linkedin
The privacy implications on this will vary from social network to social network and will be dependent on the privacy settings you have chosen on these networks.
Visitor Statistics Cookies
We use: Google Analytics
Turning Cookies Off
You can usually switch cookies off by adjusting your browser settings to stop it from accepting cookies (Learn how here). Doing so however will likely limit the functionality of our’s and a large proportion of the world’s websites as cookies are a standard part of most modern websites
It may be that you concerns around cookies relate to so called “spyware”. Rather than switching off cookies in your browser you may find that anti-spyware software achieves the same objective by automatically deleting cookies considered to be invasive. Learn more about managing cookies with antispyware software.