TERMS OF SERVICE
This website is operated by The Shearline. Throughout the site, the terms “we”, “us” and “our” refer to The Shearline. The Shearline offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, 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.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
4.1 Prices for our products are subject to change without notice.
4.2 We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
4.3 We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS, PRICING AND AVAILABILITY
5.1 Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
5.2 We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
5.3 We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
5.4 Whilst every effort has been made to ensure that all graphical representations and descriptions of Goods available from The Shearline correspond to the actual Goods, The Shearline is not responsible for any variations from these descriptions. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Goods, not different Goods altogether. Please refer to Clause 8.1 for incorrect Goods.
5.5 Where appropriate, you may be required to select the required size, model, colour and other features of the Goods that you are purchasing. The Shearline does not represent or warrant that such Goods will be available. Stock indications may be provided on the Website however these may not take into account sales that have taken place during your visit to the web site.
5.6 All pricing information on the Website is correct at the time of going online. The Shearline reserves the right to change prices and alter or remove any special offers from time to time and as necessary.
5.7 In the event that prices are changed during the period between an order being placed for Goods and The Shearline processing that order and taking payment, you will be contacted prior to your order being processed with details of the new price;
5.8 All prices on the Website do include VAT.
SECTION 6 - DELIVERY
6.1 Deliveries are made Monday to Friday. There will be no deliveries on weekends or local holidays. Orders can only be delivered to home or office addresses. In order facilitate the delivery process, Customers are asked to use their work address or an address where someone is available to collect the package.
6.2 The Shearline will notify you by way of email when your goods are to be dispatched to you. The message will contain details of estimated delivery times in addition to any reasons for a delay in the delivery of the Goods purchased by you.
6.3 For international shipments the customer is regarded as the importer and responsible for all laws and regulations of the country receiving the goods and responsible for any import duties or taxes.
6.4 For the purposes of these Terms of Service, it will be considered that “delivery” has taken place or that a shipment has been “delivered” when the Customer or a third party duly designated by the Customer is in possession of the Goods.
6.5 For these purposes, the person collecting the package at the shipment address indicated by the Customer will be asked to sign for your package. If a third party collects the package for you, such third party must present proof that you have authorized them to collect your package, including, at least, the following information: acknowledgement email confirming receipt of your order and copy of the National ID Card, Alien ID Card or Passport of the Customer, as appropriate.
6.6 Orders are usually delivered 4 to 8 working days from the order confirmation date. Delivery dates are normally met. Although The Shearline cannot guarantee specific delivery dates, every effort is made to deliver orders within thirty (30) days of the date of the acknowledgement email confirming receipt of the order, at the latest. Once your order has been dispatched, you will receive an email with the expected delivery date.
SECTION 7 - INTERNATIONAL CUSTOMERS
If Goods are being ordered from outside The Shearline’s country of residence (Spain), import duties and taxes may be incurred once your Goods reach their destination. The Shearline is not responsible for these charges and we undertake to make no calculations or estimates in this regard. If you are buying internationally, you are advised to contact your local customs authorities for further details on costs and procedures. As the purchaser of the Goods, you will also be the importer of record and as such should ensure that your purchase is in full compliance with the laws of the country into which the Goods are being imported. Please be aware that Goods may be inspected on arrival at port for customs purposes and The Shearline cannot guarantee that the packaging of your Goods will be free of signs of tampering.
SECTION 8 - RETURNS POLICY
The Shearline aims to always provide high quality Goods that are fault free and undamaged. On occasion however, goods may need to be returned. Returns are governed by these Terms and Conditions.
8.1 If you are not satisfied with the Goods you have purchased, irrespective of the reason, you can return them without the need to provide any explanation whatsoever within fourteen (14) calendar days of the date of delivery. In order to return your Goods, simply notify The Shearline of your intention to return the Goods. To do so, please contact The Shearline by email at firstname.lastname@example.org informing of your decision to withdraw your order through an unequivocal statement, we will provide you the direction to return the Goods.
8.2 The Shearline is not responsible for paying shipment costs. You will be given the option to have the Goods replaced with those ordered (if available) or to be refunded through the payment method used by you when purchasing the Goods.
8.3 After notifying The Shearline, please return the Goods to us along with the purchase receipt and the original packaging within fourteen (14) days. As soon as The Shearline is in possession of the Goods, The Shearline will make a refund in the form of original payment within no more than fourteen (14) days.
8.4 Notwithstanding the foregoing, we may retain the refund until we receive the Goods or until the Customer provides proof of having returned the Goods, whichever occurs earlier.
8.5 Common provisions for returns. You may only return purchased Goods:
8.6 If any Goods you have purchased have faults when they are delivered to you, you should contact The Shearline within 14 days to arrange collection and return. The Shearline is not responsible for paying shipment costs. Goods must be returned in their original condition with all packaging and documentation. Upon receipt of the returned Goods, the price of the Goods, as paid by you, will be refunded to you through the payment method used by you when purchasing the Goods.
8.7 If Goods are damaged in transit and the damage is apparent on delivery, you should sign the delivery note to the effect that the goods have been damaged. In any event, you should report such damage to The Shearline within 10 days and arrange collection and return. The Shearline is not responsible for paying shipment costs. Upon receipt of the returned Goods, the price of the Goods, as paid by you, will be refunded to you through the payment method used by you when purchasing the Goods.
8.8 If you wish to return Goods to The Shearline for any of the above reasons, please contact us using email@example.com for upto date and alternative methods of arranging the return of Goods and to make the appropriate arrangements. All Goods returned must be sent using a signed for form of delivery.
8.9 The Shearline reserves the right to exercise discretion with respect to any returns under these Terms and Conditions. Factors which may be taken into account in the exercise of this discretion include, but are not limited to:
- 8.9.1 Any use or enjoyment that you may have already had out of the Goods;
- 8.9.2 Any characteristics of the Goods which may cause them to deteriorate or expire rapidly.
-8.9.3 Any discounts that may have formed part of the purchase price of the Goods to reflect any lack of quality made known to the Customer at the time of purchase.
Such discretion to be exercised only within the confines of the law.
8.10 Refunds will be made in the form of original payment. The Shearline will not make any refunds until the Goods concerned have been received and their condition has been inspected at the warehouse. Once the condition of the Goods has been verified, the relevant amount will be refunded, as appropriate, within fourteen (14) days of the date The Shearline receives the Goods returned. If you reject your delivery and it is returned to us, the cost of the returned items will be refunded; but entire shipping costs & local duties & taxes will not be refunded.
SECTION 9 - PROMOTION CODES AND VALIDITY OF OFFERS ("PROMOTIONS")
9.1 According to their terms and conditions, promotion codes are applied to one item only or to benefit from a discount in your order within the period for which they are valid.
9.2 Promotion codes are personal and non-transferable. They can only be used for online purchases. You are not allowed to sell, exchange or assign promotion codes. Promotion codes cannot be uploaded or shown on websites or other media for the purposes of making them available to the public, presenting them as gifts, selling them or making other exchanges. Promotion codes cannot be used for commercial purposes.
9.3 You can only use one promotion code per item and order. Promotion codes cannot be combined with other offers or special promotions.
9.4 Promotion codes cannot be exchanged for money.
9.5 The Shearline has no obligation whatsoever to re-issue or return promotion codes. However, if The Shearline decides, at its own discretion, to re-issue or return a promotion code, you will need to present a copy of your promotion code. Always keep a copy of your promotion codes, as you will be asked to present them in order to benefit from promotion code re-issues or returns.
9.6 The Shearline reserves the right to immediately cancel a promotion code if it is suspected that the promotion code is being used incorrectly or in violation of any of the previous conditions or if there is sufficient cause to cancel it.
9.7 Promotional offers shown on the Website to increase the sale of certain Goods are only valid while shown on the Website, unless otherwise specified on the Website.
SECTION 10 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
10.1 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 that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
10.2 We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
10.3 You agree to provide current, complete and accurate purchase and account information for all purchases made at our store.
10.4 You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 11 - OPTIONAL TOOLS
11.1 We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
11.2 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.
11.3 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(s).
11.4 We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 12 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us.
12.1 We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
12.2 We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.
12.3 Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 13 - LINKS TO THIS WEBSITE
Those wishing to place a link to this Website on other sites may do so only to the home page of the site http://theshearline.com without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of The Shearline. To find out more please contact us by email at firstname.lastname@example.org
SECTION 14 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
14.1 If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us.
14.2 We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
14.3 We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
14.4 You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right.
14.5 You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website.
14.6 You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments.
14.7 You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 15 - PERSONAL INFORMATION
SECTION 16 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability.
16.1 We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
16.2 We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law.
16.3 No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 17 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 18 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
18.1 We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
18.2 We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
18.3 You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
18.4 You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall The Shearline, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 19 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless The Shearline and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns 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 these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 20 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 21 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 22 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 23 - NO WAIVER
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
SECTION 24 - APPLICABLE LEGISLATION AND COMPETENT JURISDICTION
These Terms of Service and any separate agreements whereby we provide you are subject to Spanish legislation and the controversies arising therefrom shall be resolved in the courts and tribunals of Barcelona city (Spain), which shall have the sole and exclusive jurisdiction over any other venue. This is without prejudice to the jurisdiction of the courts and tribunals of the consumer's address in the event that the User is a consumer and user pursuant to Act 1/2007, which approves the consolidated text of the General Act on Consumer and User Protection and other supplementary laws or the regulations in force which replace them at any given time.
SECTION 25 - QUESTIONS AND CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at email@example.com.
SECTION 26 - CHANGES TO TERMS OF SERVICE
We reserve the right to modify this terms of service at any time, so please check back frequently to see any updates or changes to Our terms of service. Any changes We may make to Our terms of service in the future will be posted on this page and, where appropriate, notified to you by e-mail. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Updated: 07 January 2018