Terms of service

OVERVIEW Welcome to Phoebs Handmade! The terms "we", "us" and "our" refer to Phoebs Handmade. Phoebs Handmade operates this store and website, including all related information, content, features, tools, products and services in order to provide you, the customer, with a curated shopping experience (the "Services"). Phoebs Handmade is powered by Shopify, which enables us to provide the Services to you.

The below terms and conditions, together with any policies referenced herein (these "Terms of Service" or "Terms") describe your rights and responsibilities when you use the Services.

Please read these Terms of Service carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, interacting with or using our Services, you agree to be bound by these Terms of Service and our Privacy Policy [LINK]. If you do not agree to these Terms of Service or Privacy Policy, you should not use or access our Services.

SECTION 1 - ACCESS AND ACCOUNT By agreeing to these Terms of Service, you represent that you are at least the age of majority in your jurisdiction of residence, and you have given us your consent to allow any of your minor dependents to use the Services on devices you own, purchase or manage.

To use the Services, including accessing or browsing our online store or purchasing any of the products or services we offer, you may be asked to provide certain information, such as your email address, billing, payment, and shipping information. You represent and warrant that all the information you provide is correct, current and complete and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of your account credentials and for all of your account activity. You may not transfer, sell, assign, or license your account to any other person.

SECTION 2 - OUR PRODUCTS We have made every effort to provide an accurate representation of our products and services in our online store. However, please note that colours or product appearance may differ from how they appear on your screen due to the type of device you use to access the store and your device settings and configuration.

We do not warrant that the appearance or quality of any products or services purchased by you will meet your expectations or be the same as depicted in our online store.

All descriptions of products are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product at any time and may limit the quantities of any products that we offer to any person, geographic region or jurisdiction, on a case-by-case basis.

SECTION 3 - ORDERS When you place an order, you are making an offer to purchase. Phoebs Handmade reserves the right to accept or decline your order for any reason at its discretion. Your order is not accepted until Phoebs Handmade confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as Phoebs Handmade may be unable to accommodate cancellation requests after an order is accepted. In the event that we do not accept, make a change to, or cancel an order, we will attempt to notify you by contacting the email or billing address provided at the time the order was made.

Your purchases are subject to return or exchange solely in accordance with our Returns & Refunds Policy.

You represent and warrant that your purchases are for your own personal or household use and not for commercial resale or export.

SECTION 4 - PRICES AND BILLING Prices, discounts and promotions are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Unless otherwise expressly stated, posted prices do not include shipping or handling charges.

We may offer, from time to time, promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.

You agree to provide current, complete and accurate purchase, payment and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and payment details, so that we can complete your transactions and contact you as needed.

You represent and warrant that (i) the payment information you provide is true, correct, and complete, (ii) you are duly authorised to use such payment method for the purchase, (iii) charges incurred by you will be honoured by your payment provider, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any.

SECTION 5 - SHIPPING AND DELIVERY We are not liable for shipping and delivery delays. All delivery times are estimates only and are not guaranteed. We are not responsible for delays caused by Royal Mail or events outside our control. Once we transfer products to the carrier, risk of loss passes to you.

SECTION 6 - INTELLECTUAL PROPERTY Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, and audio, and the design, selection, and arrangement thereof, are owned by Phoebs Handmade or its licensors and are protected by UK and international copyright and other intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent. Unauthorised use of the Services may be a violation of UK intellectual property laws. All rights not expressly granted herein are reserved by Phoebs Handmade.

Phoebs Handmade's name, logo, product and service names, designs, and slogans are trademarks of Phoebs Handmade. You must not use such trademarks without the prior written permission of Phoebs Handmade. Shopify's name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs, and slogans on the Services are the trademarks of their respective owners.

SECTION 7 - OPTIONAL TOOLS You may be provided with access to tools offered by third parties as part of the Services, which we neither monitor nor have any control or input over.

You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider.

SECTION 8 - THIRD-PARTY LINKS The Services may contain hyperlinks to websites provided or operated by third parties. We are not responsible for examining or evaluating the content or accuracy of any third-party websites you choose to access. If you decide to leave the Services to access third-party sites, you do so at your own risk.

We are not liable for any harm or damages related to your access of any third-party websites, or your purchase or use of any products, services, resources, or content on any third-party websites. Please review carefully the third-party's policies and practices before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products and services should be directed to the third-party.

SECTION 9 - RELATIONSHIP WITH SHOPIFY Phoebs Handmade is powered by Shopify, which enables us to provide the Services to you. However, any sales and purchases you make in our store are made directly with Phoebs Handmade. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Phoebs Handmade, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Phoebs Handmade.

SECTION 10 - PRIVACY POLICY All personal information we collect through the Services is subject to our Privacy Policy [LINK]. By using the Services, you acknowledge that you have read our Privacy Policy. Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services. Review our Privacy Policy [LINK] for more details on how we, Shopify, and our partners use your personal information.

SECTION 11 - FEEDBACK If you submit, upload, post, email, or otherwise transmit any ideas, suggestions, feedback, reviews, or proposals (collectively, "Feedback"), you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including for commercial use.

You represent and warrant that you own or have all necessary rights to all Feedback you provide, and that your Feedback will comply with these Terms. We are under no obligation to maintain your Feedback in confidence, pay compensation for your Feedback, or respond to your Feedback.

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS Occasionally there may be information on the Services that contains typographical errors, inaccuracies or omissions relating to product descriptions, pricing, promotions, shipping charges, transit times or availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.

SECTION 13 - PROHIBITED USES You may access and use the Services for lawful purposes only. You may not access or use the Services: (a) for any unlawful or malicious purpose; (b) to violate any applicable laws or regulations; (c) to infringe upon our intellectual property rights or those of others; (d) to harass, abuse, harm or defame any person; (e) to transmit false or misleading information; (f) to send unsolicited advertising or promotional material; (g) to impersonate any other person or entity; or (h) to engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Services.

You also agree not to upload viruses or malicious code, scrape or extract data from the Services, collect personal information of others, or interfere with the security or operation of the Services. We reserve the right to suspend or terminate your account at any time if we determine you have violated any part of these Terms.

SECTION 14 - AGENTS This section applies if you use or enable any automated software or service ("Agent") to access or interact with the Services. No Agent may access the Services without clearly identifying itself in all requests and operating in full accordance with our requirements. We reserve the right to limit or block any Agent access at any time.

SECTION 15 - TERMINATION We may terminate this agreement or your access to the Services at any time without notice, and you will remain liable for all amounts due up to and including the date of termination. Sections covering Intellectual Property, Feedback, Disclaimer of Warranties, Limitation of Liability, Indemnification, and Governing Law will continue to apply following any termination.

SECTION 16 - DISCLAIMER OF WARRANTIES The information presented through the Services is made available solely for general information purposes. We disclaim all liability and responsibility arising from any reliance placed on such information.

THE SERVICES AND ALL PRODUCTS OFFERED THROUGH THE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE', WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW. NOTHING IN THESE TERMS AFFECTS YOUR STATUTORY RIGHTS AS A CONSUMER UNDER UK LAW.

SECTION 17 - LIMITATION OF LIABILITY TO THE FULLEST EXTENT PERMITTED BY LAW, PHOEBS HANDMADE, OUR PARTNERS, AFFILIATES, AGENTS, CONTRACTORS, OR SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING LOST PROFITS, LOST REVENUE, LOSS OF DATA, OR REPLACEMENT COSTS, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS PURCHASED THROUGH THE SERVICES. NOTHING IN THESE TERMS LIMITS OR EXCLUDES OUR LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, FRAUD, OR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED UNDER UK LAW.

SECTION 18 - INDEMNIFICATION You agree to indemnify, defend and hold harmless Phoebs Handmade, Shopify, and our affiliates, partners, officers, employees, agents, and service providers from any losses, damages, liabilities or claims, including reasonable legal fees, arising out of (1) your breach of these Terms of Service, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.

SECTION 19 - SEVERABILITY If any provision of these Terms of Service is found to be unlawful, void or unenforceable, that provision shall be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms. This shall not affect the validity and enforceability of any other remaining provisions.

SECTION 20 - WAIVER; ENTIRE AGREEMENT The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

These Terms of Service, together with any policies posted by us on this site, constitute the entire agreement between you and us and govern your use of the Services, superseding any prior agreements, communications or proposals between you and us.

SECTION 21 - ASSIGNMENT You may not transfer or assign this agreement or any of your rights or obligations under these Terms without our prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent or notice to you.

SECTION 22 - GOVERNING LAW These Terms of Service shall be governed by and construed in accordance with the laws of England and Wales. You and Phoebs Handmade agree to submit to the exclusive jurisdiction of the courts of England and Wales.

SECTION 23 - CHANGES TO TERMS OF SERVICE We reserve the right to update, change, or replace any part of these Terms of Service at any time by posting updates to our website. It is your responsibility to check this page periodically for changes. We will notify you of any material changes in accordance with applicable law. Your continued use of the Services following any changes constitutes acceptance of those changes.

SECTION 24 - CONTACT INFORMATION Questions about the Terms of Service should be sent to:

Phoebs Handmade phoebshandmade@gmail.com