Terms & Conditions

Terms of service

This website is operated by Samantha Bryan. Throughout the site, the terms “we”, “us” and “our” or “I”, “me” and “my” refer to Samantha Bryan. The terms “you” and “your” refer to any users of the site or shop. Samantha Bryan offers this website, including all information and services available to you, 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. The terms detailed below applies 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: Copyright 

Material on this website, including text and images, is protected by copyright, owned by Samantha Bryan and other copyright owner(s) as specified. It may not be copied, reproduced, republished, downloaded, posted, broadcast or transmitted in any way except for your own personal, non-commercial use. Prior written consent of the copyright holder must be obtained for any other use of material.

All copyright, design rights and intellectual property rights existing in our designs and products and in the images, text and design of our website / marketing material are and will remain the property of Samantha Bryan. We will treat any infringement of these rights seriously.

Samantha Bryan is proud to be a member and support the aims and objectives of the trade organisation ACID (Anti Copying in Design). All Samantha Bryan designs are supported by ACID through their IP Databank and ACID Marketplace.

 

Section 2: 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 3: 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 4: Accuracy, Completeness and Timeliness of information

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 to check if product descriptions, measurements and photos prior to purchase. 

Section 5: Modifications to the Service and Prices

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of products or services

Section 6: Products or Services

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.

We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate.

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. 

Section 7: Accuracy of Billing and Account Information 

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. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase 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 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 8: Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

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(s).

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 9: 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. 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.

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. 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 10: Personal Information

Your submission of personal information through the store is governed by our Privacy Policy. 

Section 11: 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. 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).

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. 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 12: 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 infringe upon or violate our intellectual property rights or the intellectual property rights of others; (c) to submit false or misleading information; (d) 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 13: Disclaimer of Warranties; Limitation of Liability 

We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. 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.

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 Samantha Bryan, our service providers, subcontractors, suppliers, interns and employees 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 14: Indemnification 

You agree to indemnify, defend and hold harmless Samantha Bryan and 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 15: 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 16: 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 17: 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 18: Governing Law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of England and Wales and/or the European Union. 

Changes to Terms & Conditions 

You can review the most current version of our Terms & Conditions (including all policies and terms of service) at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. 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.



Contact Information 

Questions about our terms or policies should be sent to sayhello@samanthabryan.co.uk.  Our postal address is: 

Samantha Bryan
c/o West Yorkshire Print Workshop 
75A Huddersfield Rd
Mirfield 
WF14 8AT

Privacy policy

This policy describes how we collect and use personal data about you in accordance with the General Data Protection Regulation (GDPR).


What we need?

We only collect basic personal data about you when you purchase via the shop or join our mailing list. Under GDPR, Samantha Bryan is known as the “Controller” of the personal data you provide to us.

When you make a purchase or attempt to make a purchase through the Site, we collect certain information from you, including your name, billing address, shipping address, payment information (including credit and debit card numbers), email address, and phone number.  We refer to this information as “Order Information.”

Additionally, when you visit samanthabryan.co.uk, we automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse the Site, we collect information about the individual web pages or products that you view, what websites or search terms referred you to the Site, and information about how you interact with the Site. We refer to this automatically-collected information as “Device Information.”

We collect Device Information using the following technologies: Sam: The list below depends on what settings Web Chap has set up.

  • “Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org.

  • “Log files” track actions occurring on the Site, and collect data including your IP address, browser type, Internet service provider, referring/exit pages, and date/time stamps.

  • “Web beacons,” “tags,” and “pixels” are electronic files used to record information about how you browse the Site.

When we talk about “Personal Information” in this Privacy Policy, we are talking both about Device Information and Order Information.


Why we need to collect your data.

We need to know your basic personal data in order to process orders and FAF Club subscriptions or to keep in touch with you if you’ve joined the mailing list. We will not collect any personal data from you we do not need to provide and oversee this service to you.

What we do with it?

We only ever use your personal data with your consent, or where it is necessary:

  • We use the Order Information that we collect generally to fulfil any orders placed through the Site (including processing your payment information, arranging for shipping, and providing you with invoices and/or order confirmations).  

  • We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimise our Site (for example, by generating analytics about how our customers browse and interact with the Site, and to assess the success of our marketing and advertising campaigns).  – the site optimising isn’t necessary. I’m inclined to remove it but depends if you are using cookies/logs /Google analytics. 

  • We use information provided when you sign up to the mailing list to send you newsletters from the fairy workshop. 

In any event, we’ll only use your information for the purpose or purposes it was collected for (or for closely related purposes). 

Where we keep it?

We are based in the UK and we store our data within the EU. We use third party services to power our website, shop, and mailing list. These may transfer personal data outside of the EU, for example, Mailchimp, who we use for marketing purposes, and Shopify and Squarespace, who power our website and shop, will store data in the USA and Canada. 

How long we keep your data.

We will only use and store information for so long as it is required for the purposes it was collected for. How long information will be stored depends on the information in question and what it is being used for. All customer details collected during the sale of a sculpture will be deleted once our legal obligations have passed (such as those under the Distance Selling Regulations). Mailing list subscribers can opt out at any time by click on the ‘unsubscribe’ link at the end of our emails (though Mailchimp will keep a record of your preference not to be e-mailed). We continually review what information we hold and delete what is no longer required. We never store payment card information. 

What are your rights?

We want to ensure that you remain in control of your personal data. Part of this is making sure you understand your legal rights, which are as follows:

  • the right to confirmation as to whether we have your personal data and, if we do, to obtain a copy of the personal information we hold (this is known as a data subject access request)

  • the right to have your data erased (though this will not apply where it is necessary for us to continue to use the data for a lawful reason)

  • the right to have inaccurate data rectified

  • the right to object to your data being used for marketing or profiling; and

  • where technically feasible, you have the right to personal data you have provided to us which we process automatically based on your consent or the performance of a contract. This information will be provided in a common electronic format.

Please keep in mind that there are exceptions to the rights above and, though we will always try to respond to your satisfaction, there may be situations where we are unable to do so. If you wish to raise a complaint on how we have handled your personal data, you can contact us via email. 

If you are not satisfied with our response or believe we are processing your personal data not in accordance with the law you can complain to the Information Commissioner’s Office, the UK supervisory authority for data protection issues.

Delivery information

How do Fairies travel?

Each sculpture is carefully packed and sent in a sturdy box. Fairies travel all the time through the postal system, they are more durable than they look. You may need to tweak legs on arrival.

I use recycled packaging wherever possible.

All small sculptures travelling within the UK are sent via Royal Mail Special Delivery. This is a fully insured overnight service. Larger items and those travelling overseas most frequently travel with Parcelforce using a fully tracked service. You will receive a notification when a piece is ready to travel and an estimated delivery time.

Items delivered outside the UK could be subject to import duties and taxes**. These are charged at destination and are the responsibility of the individual receiving the goods. Please contact your local customs office for further details before purchasing if you are concerned. 

Please note: Samantha Bryan cannot be held liable for any import duties or taxes that may be imposed.

Postage within the UK is free.

Additional charges apply for all international shipping, automatically applied at checkout.

**EU buyers please take note: Shipping to Europe from the UK has changed significantly this year and the systems are still in development for transit. Many couriers are in the process of launching new processes that are not yet fully formed, clear or consistent.

As such I shall be posting all overseas purchases DDU (Delivery Duty Unpaid). I shall continue using the ‘Sculpture’ shipping code that has always allowed them to travel worldwide duty free. Despite this, depending on your country, there is a chance that you could be charged VAT, a customs charge and a handling fee. These are the responsibility of the you, the buyer.

Please do not make a purchase unless you are happy to risk paying additional fees upon delivery. I will continue to try to unpick this and develop a more predictable Europe shipping journey as soon as I can.

What if your piece arrives damaged?

Please check the box on arrival!!

Every piece is packaged and posted to withstand even the clumsiest of postman. However, if an item arrives damaged, please take photographs of the parcel before opening and notify us by email within 24 hours of delivery. Please do not sign the "Received in good condition" declaration if you haven’t examined the exterior of the parcel or if it is damaged. We won’t be able to refund if the parcel is signed as being “received in good condition” but is later found to be damaged. It is incredibly unlikely that a piece will arrive beyond repair. Fairies are robust creatures!

What if you are unhappy with your purchase?

Each sculpture is one of a kind, sold as seen. The measurements, descriptions and photos of each piece are as accurate as possible. Please refer carefully to these details before purchasing. If you have any questions or want to check the details, please do so before buying. We are more than happy to supply additional photos to ensure you are happy. Fairy re-homing is a sensitive business.

Unfortunately, we cannot offer returns on commissions or pieces made to order.

If you wish to return a sculpture purchased via the online shop, please email us and arrange for the return of the sculpture (both within 14 days of delivery). The cost and condition of returned sculptures are the customer’s responsibility, and the sculpture remains the responsibility of the customer until it reaches us. (Returns must be packaged in the original box and have all packaging reapplied using the same method in which it arrived. The customer must use a tracked and signed for method, insured to the full amount of the purchase price.) We will issue a full refund on returned sculptures that meet these conditions minus our postage fees, unless the item has been damaged in transit. 

We want our fairy owners to completely happy with their purchase, so please get in touch via email if you have any concerns.

Returns policy

Each sculpture is one of a kind, sold as seen. The measurements, descriptions and photos of each piece are as accurate as possible. Please refer carefully to these details before purchasing. If you have any questions or want to check the details, please do so before buying. We are more than happy to supply additional photos to ensure you are happy. Fairy re-homing is a sensitive business.

Every piece is packaged and posted to withstand even the clumsiest of postman. However, if an item arrives damaged, please take photographs of the parcel before opening and notify us by email within 24 hours of delivery. Please do not sign the "Received in good condition" declaration if you haven’t examined the exterior of the parcel or if it is damaged. We won’t be able to refund if the parcel is signed as being “received in good condition” but is later found to be damaged. 

Unfortunately, we cannot offer returns on commissions or pieces made to order.

If you wish to return a sculpture purchased via the online shop, please email us and arrange for the return of the sculpture (both within 14 days of delivery). The cost and condition of returned sculptures are the customer’s responsibility, and the sculpture remains the responsibility of the customer until it reaches us. (Returns must be packaged in the original box and have all packaging reapplied using the same method in which it arrived. The customer must use a tracked and signed for method, insured to the full amount of the purchase price.) We will issue a full refund on returned sculptures that meet these conditions minus our postage fees, unless the item has been damaged in transit. 

Cancelled orders that have already been shipped will be treated as returns using the policy above.