Terms of service

 

Proud and Vulgar website Terms & Conditions

  1. INTRODUCTION

This document (together with any documents herein mentioned) sets forth the terms and conditions governing the use of this website and the purchase of products through such website (hereinafter, the “Terms"). Please read through these Terms prior to using this website. By using this website or placing an order through it, you are consenting to be bound by these Terms. If you do not agree to all of the Terms, do not use this website.

These Terms may be amended. It is your responsibility to regularly read through them, as the Terms in force at the time that your use the website or at the time of the formation of the Contract (as defined below) shall be the applicable ones.

  1. OUR DETAILS

This website is operated under the Proud and Vulgar name by Hoxton Global, based in the United Kingdom, registered with Companies House, SC768595.

  1. YOUR DETAILS AND YOUR VISITS TO THIS WEB PAGE

The information or personal details that you provide us with shall be processed pursuant to the Privacy Statement. By using this website, you are consenting to the processing of such information and details, and you represent that the whole information or details you have provided us with are true and accurate. To make sure your orders arrive as quickly as possible, please make sure you submit the correct order details at checkout. Proud and Vulgar doesn't take responsibility for missed deliveries due to typos in the delivery information.

Orders are placed and received exclusively via the Site. Before ordering from us, it is your responsibility to check and determine full ability to receive the Products. Correct name of the recipient, delivery address and postal code/zip code, up-to-date telephone number, and email address are absolutely necessary to ensure successful delivery of Products.

  1. USE OF OUR WEBSITE

By using this website and/or by placing any order through it, you undertake:

  1. To use the website exclusively to make legitimate enquiries or orders.
  2. Not to make any speculative, false or fraudulent orders. If we are reasonably of the

opinion that such an order has been made, we shall be entitled to cancel the order and inform the relevant authorities.

  1. To provide correct and accurate e-mail, postal and/or other contact details to us and

acknowledge that we may use these details to contact you in the event that this should prove necessary (see our Privacy Statement).

If you do not give us all the information that we need, we may not be able to complete your order.

By placing an order through the website, you warrant that you are at least 18 years old and are legally capable of entering into binding contracts.

  1. SERVICE AVAILABILITY

The items we offer on this website are only available in the following countries: Germany (except for the Island of Heligoland), Spain, France (except for the Overseas Departments), Italy (except for San Marino, Liviano, Campione d’Italia, and Lake Lugano), Portugal, United Kingdom (Mainland only), Ireland, Austria, Belgium, Holland, Luxembourg, Poland, Switzerland, Monaco, Denmark (except Greenland and Faroe Islands), Sweden and Norway (except Svarbald).

  1. HOW THE CONTRACT IS FORMED

The information set out in the Terms and the detail contained on this website do not constitute an offer for sale but rather an invitation to treat. No contract in respect of any products shall exist between you and us until your order has been accepted by us. If we do not accept your offer and funds have already been deducted from your account, these will be fully refunded. To place an order, you will be required to follow the shopping process online and press the "Pay Now " button to submit the order. After this, you will receive an e-mail from us acknowledging that we have received your order (the "Order Confirmation").

Please note that this does not mean that your order has been accepted, as your order constitutes your offer to us to buy one or more products from us. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the product has been dispatched (the "Shipment Confirmation”). The contract for the purchase of a product between us (“Contract”) will only be formed when we send you the Shipment Confirmation. The Contract will relate only to those products whose dispatch we have confirmed in the Shipment Confirmation. We will not be bound to supply any other products which may have been part of your order until the dispatch of such products has been confirmed in a separate Shipment Confirmation.

  1. AVAILABILITY OF PRODUCTS

All orders for products are subject to availability and in this regard, in the event of supply difficulties or because products are no longer in stock, we reserve the right to refund any monies that you might have paid.

  1. REFUSAL OF ORDER

We reserve the right to withdraw any products from this website at any time and/or remove or edit any materials or content on this website. Whilst we will make our best efforts to always process all the orders, there may be exceptional circumstances which mean that we may need to refuse to process an order after we have sent you an Order Confirmation, which we reserve the right to do at any time, at our sole discretion. 

We will not be liable to you or any other third party by reason of our withdrawing any product from this website, whether it has been sold or not, removing or editing any materials or contents on this website or for refusing to process or accept an order after we have sent you the Order Confirmation.

         9. DELIVERY

Some Products are packaged and shipped separately. We cannot guarantee delivery dates and to the extent permitted by law accept no responsibility, apart from advising you of any known delay, for Products that are delivered after the estimated delivery date. Average time for delivery may be shown on the Site. It is only an average estimation, and some delivery can take longer, or alternatively be delivered much faster. All delivery estimates given at the time of placing and confirming order can be subject to change. In any case, we will do our best to contact you and advise you of all changes. We try our best to make Product delivery as simple as possible.

Subject to the provisions of Clause 7 above on the availability, and unless there are any exceptional circumstances, we will endeavour to fulfil your order for product(s) listed in the Shipment Confirmation by the delivery date set out in the Shipment Confirmation.

However, delays may occur on account of the following reasons:

  1. Customisation of products;
  2. Specialised items;
  3. Unforeseen circumstances; or
  4. Delivery area.

With regard to the virtual gift card, we will send it on the date indicated by you when you place your order. If for some reason we are unable to deliver on this date we will inform you of this situation and give you the option to continue with the purchase with a new delivery date or alternatively cancelling the order and reimbursing you with the full amount paid.

For the purposes of these Terms, the "delivery" shall be deemed to have taken place or that the order has been delivered at the time that receipt of the order is signed for at the agreed delivery address, although the virtual gift card shall be deemed to be delivered in accordance with the Use Conditions of the Gift Card, and in all cases on the delivery date of the virtual card to the email address indicated by you.

  1. UNABLE TO DELIVER

If the courier is unable to deliver the goods they will usually leave a note explaining where your parcel is and how you can rearrange delivery. If you are not going to be at the delivery location at the time agreed please contact the courier to rearrange delivery for another mutually convenient day.

Should your order be unable to be delivered this will be returned to us. You are responsible for contacting us to rearrange a redelivery of your order. In such cases, we shall be authorised to pass on to you any delivery costs which may arise.

This clause shall not apply to the virtual gift card for which the delivery shall be governed by the Use Conditions of the Gift Card and the above clause 8.

  1. RISK AND TITLE

The products will be at your risk from the time of delivery. Ownership of the products will only pass to you when we receive full payment of all sums due in respect of the products, including delivery charges, or upon delivery (as defined in clause 9 above), whichever is the later.

  1. PRICE AND PAYMENT

The price of each product shall be the one quoted from time to time on our website, except where there is an apparent error. Whilst we take care to ensure that all prices quoted on our website are accurate, errors may occur. If we discover an error in the price of any product(s) you have ordered, we will inform you as soon as possible and give you the option of reconfirming the order at the correct price or cancelling it. If we are unable to contact you, the order will be treated as cancelled and if you have already paid for the product(s) you will receive a full refund.

We are under no obligation to sell the product(s) to you at the incorrect (lower) price (even after we have sent you a Shipment Confirmation) if the pricing error is an obvious typographical or arithmetical inaccuracy and could have reasonably been recognised by you as such.

The prices displayed on our website include VAT but exclude delivery costs, which will be added to the total amount due as set out in our Delivery Costs Guide.

Prices may change at any time but (except as provided above) any potential change will not affect any order regarding which an Order Confirmation has been sent.

Once you have finished shopping, all the items you wish to purchase are added to your basket. Your next step will be to go through the checkout process and make payment. To do this:

  1. Click the "Shopping Cart" button at the top of the page.
  2. Click on the "Checkout" button.
  3. Fill-in or check your contact details, the details of your order, the delivery address and

the invoicing address.

  1. Enter the details of your card.
  2. Click on "Pay Now".

You can pay using Visa, Mastercard, American Express and PayPal. Similarly, you can pay all or part of the price of your order with a Proud and Vulgar gift card issued by Hoxton Global Limited. To minimise the risk of unauthorised access, we encrypt your card data. Once we receive your order, we will request pre-authorisation on your card to ensure there are sufficient funds available to complete the transaction. The charge to your card will be made the moment we confirm the order.

If you click on "Pay Now" you are confirming that the card belongs to you or that you are the legitimate holder of the gift card.

Cards are subject to validation checks and authorisation by your card issuer. If we do not receive the required authorisation, we will not be liable for any delay or non-delivery and we will not be able to form any Contract with you.

  1. VALUE ADDED TAX

Pursuant to the prevailing rules and regulations in force, all purchases done through the website are subject to the Value Added Tax (VAT), except for those to be supplied directly to customers the Canary Islands, Ceuta and Melilla.

In this regard and pursuant to Chapter I of Title V of Council Directive 2006/112/EC of 28 November 2006, on the common system of value added tax, the place of supply shall be deemed to be within the Member State of the address where items shall be delivered, and applicable VAT shall be at the prevailing rate in each Member State where items are to be supplied as per the orders placed.

Pursuant to the applicable rules and regulations in each jurisdiction, the rule of the "reverse charge" (article 194 of Directive 2006/112) may apply to goods supplied in certain Member States of the European Union if the customer is or is required to be a taxable person for VAT purposes. If this is the case, no VAT would be charged by us, subject to the confirmation by the recipient that the VAT on the items supplied would be accounted for by the customer under the reverse charge procedure.

As regards orders to be supplied in the Canary Islands and Ceuta and Melilla, they would be VAT exempt as provided under article 146 of the above referred Directive, subject to the application of the relevant taxes and custom duties pursuant to the prevailing rules and regulations.

  1. EXCHANGES/RETURNS POLICY

14.1 Statutory right to cancel your purchase.

Under the Consumer Protection (Distance Selling) Regulations, if you are contracting as a consumer, you have up to 7 working days after you have received your delivery to cancel your order (other than in respect of goods made to your specification or are clearly personalised).

In such case, you will be refunded the price paid for such products. Direct costs incurred in the return of such products will be borne by you where none of the free return methods addressed in Clause 14.3 below is used.

You may provide evidence of the right of cancellation through any of the means provided by law, and in any event such right shall be deemed to have been validly exercised by This provision does not affect your statutory rights.

14.2 Contractual right to cancel your purchase

In addition to the statutory right of cancellation of consumers and users referred to in Clause 14.1 above, we grant you a 30 day period from the date established on the Returns Form to proceed to any return of products (except for those referred to in Clause 14.3 below, regarding which the cancellation right is exempted).

In the event of any return, you will be refunded the price paid for the returned products. Direct costs incurred in the return of such products will be borne by you.

14.3 Common provisions

You may not cancel the Contract whose subject matter is the supply of any of the following

products:

  1. Customised items.

14.4 Returns of defective products

In circumstances where you consider that the product does not conform to the Contract at the time of delivery, you should promptly contact us via our web form with details of the product and its damage.

Upon receipt of the returned product, we will fully examine it and notify you of your right to a replacement or refund (if any) via e-mail within a reasonable period of time. The refund or replacement will take place as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you are entitled to a refund or replacement for the non conforming product.

Defective products will be refunded in full, including a refund of the delivery charges and any reasonable costs incurring by you in returning the item. We will always refund any money using the method used to make payment.

THE PROVISIONS SET OUT IN THIS CLAUSE 14 DOES NOT AFFECT YOUR STATUTORY RIGHTS RELATING TO FAULTY OR MISDESCRIBED GOODS OR YOUR RIGHT TO CANCEL ORDERS UNDER THE CONSUMER PROTECTION (DISTANCE SELLING) REGULATIONS.

  1. LIABILITY AND DISCLAIMERS

Description of products: While many component parts of our Products are standard, all Products available for purchase are described on their specific page on our Site. We always try to represent each design as accurately as possible via photography and copy points provided.

We have a policy of continuous Product development so we can provide you with what we consider the best design combined with best performance, and thus reserve the right to amend the specifications of Products, their price, packaging, and any Service associated at any time, without prior notice. Before ordering, we invite you to have a close look at the Product description and design.

We use our best efforts to provide you with the best images and descriptions, but unfortunately cannot guarantee that colours and details in website images are 100% accurate representations of the product, and sizes might in some cases be approximate.

Unless otherwise expressly stated in these Terms, our liability in connection with any product purchased through our web site is strictly limited to the purchase price of that product.

Notwithstanding the above, nothing in these Terms shall exclude or limit in any way our liability:

  1. For death or personal injury caused by our negligence.
  2. For fraud or fraudulent misrepresentation.
  3. For any matter for which it would be illegal or unlawful for us to exclude or limit, or

attempt to exclude or limit, our liability.

Subject to the foregoing paragraph and to the fullest extent permitted by law, and unless

otherwise stated in these Terms, we accept no liability for indirect losses which happen as a

side effect of the main loss or damage however arising and whether caused by tort (including

negligence), breach of contract or otherwise, even if foreseeable, including (without limit) for

any:

  1. loss of income or revenue;
  2. loss of business;

iii. loss of profits or contracts;

  1. loss of anticipated savings;
  2. loss of data; and
  3. waste of management or office time.

Due to the open nature of this website and the potential for errors in the storage and transmission of digital information, we do not warrant the accuracy and security of information transmitted to or obtained from this website unless otherwise expressly set out on this website.

All product descriptions, information and materials posted on this website are provided "as is" and without warranties express, implied or otherwise howsoever arising. To the fullest extent permissible pursuant to law, but without excluding anything that may not lawfully be excluded in the case of consumers, we disclaim all other warranties of any kind. Nothing in this Clause will affect your statutory rights as a consumer, or your Contract cancellation rights.

  1. INTELLECTUAL PROPERTY

You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the website shall remain at all times vested in us or in our licensors. You are permitted to use this material only as expressly authorised by us or our licensors. This does not prevent you using this website to the extent necessary to make a copy of any order or Contract details.

  1. VIRUSES, HACKERING AND OTHER CYBERCRIMES

You may not misuse this website by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You will not attempt to have any unauthorised access to this website, to the server which hosts this site or to any other server, computer or data base related to our website. You undertake not to attack this website via a denial of service attack or a distributed denial of service attack.

By breaching this provision you may commit a criminal offence under the applicable regulations. We will report any such breach to the relevant law enforcement authority and we will co-operate with the appropriate authority to disclose the identity of the hacker. Likewise, in the event of such a breach, your right to use this website will cease immediately.

We accept no liability for any loss or damage resulting from any denial of service attack, virus or any other software or material which is malicious or technologically harmful to your computer, equipment, data or material resulting from the use of this website or from the downloading of the contents thereof or of such contents to which this website redirects.

  1. LINKS FROM OUR WEBSITE

We may have links from our website to other third party websites and materials; such links are provided exclusively for information purposes and we do not have any control whatsoever over the contents of such websites or materials. Accordingly, we accept no liability whatsoever for any loss or damage which may arise from the use of such links.

  1. WRITTEN COMMUNICATIONS

Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

  1. NOTICES

All notices given by you to us should be given to us via our web form. Subject to and as otherwise specified in clause 19 above and unless otherwise stated, we may give notice to you at either the e-mail or postal address you provide to us when placing an order. Notice will be deemed received and properly served immediately when posted on our website,

24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such email was sent to the specified e-mail address of the addressee.

  1. TRANSFER OF RIGHTS AND OBLIGATIONS

The Contract between you and us is binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.

We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract. For the avoidance of doubt, any such transfer, assignment, charge or other disposition will not affect your statutory rights as a consumer or cancel, reduce or otherwise limit any warranty or guarantee which may have been provided by us to you, whether express or implied.

  1. EVENTS OUTSIDE OUR CONTROL

We will not be liable or responsible for any failure to perform, or delay in performance of any of our obligations under a Contract that is caused by events outside our reasonable control (“Force Majeure Event”).

A Force Majeure Event shall include any act, event, non-happening, omission or accident beyond our reasonable control and shall include in particular (without limitation) the following:

  1. Strikes, lock-outs or other industrial action.
  2. Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
  3. Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
  4. Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
  5. Impossibility of the use of public or private telecommunications networks.
  6. The acts, decrees, legislation, regulations or restrictions of any government.
  7. Any shipping, postal or other relevant transport strike, failure or accidents.

        Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

        1. WAIVER

        If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under these Terms, this shall not constitute a waiver of such rights or remedies and shall not relieve You from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default arising from the Contract or the Terms.

        No waiver by us of any of these Terms or of any rights or remedies arising from the Contract shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with the provisions of the paragraph on Notices above.

        1. SEVERABILITY

        If any of these Terms or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

        1. ENTIRE AGREEMENT

        These Terms and any document expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing. Both you and us acknowledge that, in entering into this Contract, neither you nor us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between you and us prior to such Contract except as expressly stated in these Terms.

        Neither you nor us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party´s only remedy shall be for breach of contract as provided in these Terms.

        1. OUR RIGHT TO VARY THESE TERMS

        We have the right to revise and amend these Terms from time to time.

        You will be subject to the policies, Terms in force at the time that you use this website or order products from us, unless any change to those policies, Terms or Privacy Policy is required to be  made by law or governmental authority (in which case it will apply to orders previously placed by you).

        1. LAW AND JURISDICTION

        Contracts for the purchase of products through our site will be governed by Scottish law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the Scottish courts.

        If You are contracting as a consumer, nothing in this clause will affect your statutory rights as such.

        1. FEEDBACK

        We welcome your comments and feedback. Please send all feedback and comments to us via our web form.