The Terms Of Use of my website, together with Privacy Policy, Cookie Policy, Terms and Conditions of Sale, Returns Policy, and Copyright Notice governing All Bear by Paula/Paula Carter's relationship with you regarding this website, its products and purchases.

  • Effective Date: 22nd May 2018

Terms of Use:

The use of this website is subject to the following terms of use:

  • The content of the pages of this website is for your general information and use only. It is subject to change without notice.

  • This website uses cookies to monitor browsing preferences.

  • We endeavour to ensure that all information provided on this website is accurate however we, nor any third parties, provide any warranty or guarantee as to the accuracy or completeness of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

  • This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics.

  • Reproduction of any website content including, but not limited to logos, written content, design, graphics and photographs is prohibited other than in accordance with the Copyright Notice (below) which forms part of these Terms Of Use. If you wish to reproduce any information, images or materials from this website please email melaniejayne@beartreasures.com for written permission.

  • Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.

  • This website may also include links to other websites. These links are provided for your convenience, they do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).

  • Your use of this website and any dispute arising out of such use of the website is subject to the laws of England, Northern Ireland, Scotland and Wales.

       If you disagree with any part of these terms and conditions, please do not use our website.

  • I, Paula Carter, operate the website allbearbypaula.com and sell my products through my website store. I trade as All Bear by Paula.

 

Privacy Policy

Credit: This document was created using a template from Docular (https://docular.net).

   

 

1. Introduction

1.1    We are committed to safeguarding the privacy of our Website store, website visitors and service users.

 

1.2     This policy applies where we are acting as a data controller with respect to the personal data of our Website store, Facebook page, website visitors and service users; in other words, where we determine the purposes and means of the processing of that personal data.

 

1.3    We will ask you to consent to our use of cookies in accordance with the terms of this policy when you first visit our website.

 

1.4    In this policy, “we”, “us” and “our” refer to site owner Paula Carter. 

 

 

2. How we use your personal data

2.1    In this Section 2 we have set out:

(a)    the general categories of personal data that we may process;

(b)    the purposes for which we may process personal data; and

(c)    the legal bases of the processing.

 

2.2    We may process data about your use of our Website shop, Facebook page, website and services (“usage data“). The usage data may include your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths, as well as information about the timing, frequency and pattern of your service use. The source of the usage data is Google Analytics and wix.com Ltd. This usage data may be processed for the purposes of analysing the use of our Website shop, Facebook page, website and services. The legal basis for this processing is our legitimate interests, namely monitoring and improving our Website shop, Facebook page, website and services.

 

2.3    We may process your account and order/contractual data (“account data“). The account data may include your name and email address. The source of the account data is you. The account data may be processed for the purposes of operating our website, providing our services, ensuring the security of our website and services, maintaining back-ups of our databases and communicating with you. The legal basis for this processing is the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract.

 

2.4    We may process your information included in your personal profile on our Facebook page, website (“profile data“). The profile data may include your name, address, telephone number, email address, interests and hobbies. The profile data may be processed for the purposes of enabling and monitoring your use of our website shop, Facebook page, website and services. The legal basis for this processing is the performance of a contract between you and us and/or taking steps, at you request, to enter into such a contract.

 

2.5    We may process personal data that is provided in the course of the use of our services (“service data“). The service data may include your name, address, telephone number, email address, interests and hobbies. The source of the service data is you. The service data may be processed for the purposes of operating our website, providing our services, ensuring the security of our website and services, maintaining back-ups of our databases and communicating with you. The legal basis for this processing is our legitimate interests, namely the proper administration of our Website shop, Facebook page, website and business or the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract.

 

2.6    We may process information that you post for publication on our Website, Facebook page  or through our services (“publication data“). The publication data may be processed for the purposes of enabling such publication and administering our Website shop, Facebook page, website and services. The legal basis for this processing is our legitimate interests, namely the proper administration of our Website shop, Facebook page, website and business or the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract or consent.

 

2.7    We may process information contained in any enquiry you submit to us regarding goods and/or services (“enquiry data“). The enquiry data may be processed for the purposes of offering, marketing and selling relevant goods and/or services to you. The legal basis for this processing is your legitimate interest namely requesting information on goods, services and communication and our legitimate interest, namely the proper administration of our Website shop, Facebook page, website, business and marketing services and relevant goods..

 

2.8    We may process information relating to transactions, including purchases of goods and services, that you enter into with us and/or through our Website shop, Facebook page, website (“transaction data“). The transaction data may include your contact details, your card details and the transaction details. The transaction data may be processed for the purpose of supplying the purchased goods and services and keeping proper records of those transactions. The legal basis for this processing is the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract and our legitimate interests, namely our interest in the proper administration of our website and business.

 

2.9    We may process information that you provide to us for the purpose of subscribing to our email notifications and/or newsletters (“notification data“). The notification data may be processed for the purposes of sending you the relevant notifications. The legal basis for this processing is the performance of a contract between you and us and/or taking steps, at your request, to enter into such a contract.

 

2.10  We may process information contained in or relating to any communication that you send to us (“correspondence data“). The correspondence data may include the communication content and metadata associated with the communication. Our website will generate the metadata associated with communications made using the website contact forms. The correspondence data may be processed for the purposes of communicating with you and record-keeping. The legal basis for this processing is our legitimate interests, namely the proper administration of our website and business and communications with users.

 

2.11  We may process any of your personal data identified in this policy where necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure. The legal basis for this processing is our legitimate interests, namely the protection and assertion of our legal rights, your legal rights and the legal rights of others.

 

2.12  We may process any of your personal data identified in this policy where necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, or obtaining professional advice. The legal basis for this processing is our legitimate interests, namely the proper protection of our business against risks.

 

2.13  In addition to the specific purposes for which we may process your personal data set out in this Section 3, we may also process any of your personal data where such processing is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.

 

2.14  Please do not supply any other person’s personal data to us, unless we prompt you to do so.

 

3.     Providing your personal data to others

3.1    We may disclose your personal data to our insurers and/or professional advisers insofar as reasonably necessary for the purposes of obtaining or maintaining insurance coverage, managing risks, obtaining professional advice, or the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.

 

3.2    We may disclose your name, address, telephone number and email address  to our suppliers or subcontractors insofar as reasonably necessary for fulfilling the contract with you. For example to the Royal Mail to send your product to you. You can find information about the delivery service providers privacy policies and practices here: https://www.royalmail.com/privacy-policy/

3.3    Financial transactions relating to our Website shop, Facebook page, website and services may be handled by our payment services providers, PayPal. We will share transaction data with our payment services providers only to the extent necessary for the purposes of processing your payments, refunding such payments and dealing with complaints and queries relating to such payments and refunds. You can find information about the payment services providers’ privacy policies and practices at

Paypal: https://www.paypal.com/uk/webapps/mpp/ua/privacy-prev

Website - Hosted by Wix: https://www.wix.com/about/privacy

 

3.4    We may disclose your enquiry data to one or more of those selected third party suppliers of goods and services identified on our website for the purpose of enabling them to contact you so that they can offer, market and sell to you relevant goods and/or services. Each such third party will act as a data controller in relation to the enquiry data that we supply to it; and upon contacting you, each such third party will supply to you a copy of its own privacy policy, which will govern that third party’s use of your personal data.

 

3.5    In addition to the specific disclosures of personal data set out in this Section 5, we may disclose your personal data where such disclosure is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person. We may also disclose your personal data where such disclosure is necessary for the establishment, exercise or defence of legal claims, whether in court proceedings or in an administrative or out-of-court procedure.

 

4.     International transfers of your personal data

4.1    In this Section 4, we provide information about the circumstances in which your personal data may be transferred to countries outside the European Economic Area (EEA).

 

4.2    We have offices in the United Kingdom. The European Commission has made an “adequacy decision” with respect to the data protection laws of this country.

 

4.3    Our company is hosted on the Wix.com platform. Wix.com provides us with the online platform that allows us to sell our products and services to you. Your data may be stored through Wix.com’s data storage, databases and the general Wix.com applications. They store your data on secure servers behind a firewall. 

 

4.4    All direct payment gateways offered by Wix.com and used by our company adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.

 

4.5    You acknowledge that personal data that you submit for publication through our website or services may be available, via the internet, around the world. We cannot prevent the use (or misuse) of such personal data by others.

 

5.     Retaining and deleting personal data

5.1    This Section 5 sets out our data retention policies and procedure, which are designed to help ensure that we comply with our legal obligations in relation to the retention and deletion of personal data.

 

5.2    Personal data that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.

 

5.3    We will retain your personal data as follows:

(a)    Personal data  will be retained for a minimum period of 1 year following consent / purchase date, and for a maximum period of 7 years following consent / contractual start date.

 

5.4    In some cases it is not possible for us to specify in advance the periods for which your personal data will be retained. In such cases, we will determine the period of retention based on the following criteria:

 

(a)    the period of retention of personal data will be determined based on the proper administration of our website and business.

 

5.5    Notwithstanding the other provisions of this Section 7, we may retain your personal data where such retention is necessary for compliance with a legal obligation to which we are subject, or in order to protect your vital interests or the vital interests of another natural person.

 

6.     Amendments

6.1    We may update this policy from time to time by publishing a new version on our website.

 

6.2    You should check this page occasionally to ensure you are happy with any changes to this policy.

 

7.     Your rights

7.1    In this Section 7, we have summarised the rights that you have under data protection law. Some of the rights are complex, and not all of the details have been included in our summaries. Accordingly, you should read the relevant laws and guidance from the regulatory authorities for a full explanation of these rights.

 

7.2    Your principal rights under data protection law are:

(a)    the right to access;

(b)    the right to rectification;

(c)    the right to erasure;

(d)    the right to restrict processing;

(e)    the right to object to processing;

(f)    the right to data portability;

(g)    the right to complain to a supervisory authority; and

(h)    the right to withdraw consent.

 

7.3    You have the right to confirmation as to whether or not we process your personal data and, where we do, access to the personal data, together with certain additional information. That additional information includes details of the purposes of the processing, the categories of personal data concerned and the recipients of the personal data. Providing the rights and freedoms of others are not affected, we will supply to you a copy of your personal data. The first copy will be provided free of charge, but additional copies may be subject to a reasonable fee.

 

7.4    You have the right to have any inaccurate personal data about you rectified and, taking into account the purposes of the processing, to have any incomplete personal data about you completed.

 

7.5    In some circumstances you have the right to the erasure of your personal data without undue delay. Those circumstances include: the personal data are no longer necessary in relation to the purposes for which they were collected or otherwise processed; you withdraw consent to consent-based processing; you object to the processing under certain rules of applicable data protection law; the processing is for direct marketing purposes; and the personal data have been unlawfully processed. However, there are exclusions of the right to erasure. The general exclusions include where processing is necessary: for exercising the right of freedom of expression and information; for compliance with a legal obligation; or for the establishment, exercise or defence of legal claims.

 

7.6    In some circumstances you have the right to restrict the processing of your personal data. Those circumstances are: you contest the accuracy of the personal data; processing is unlawful but you oppose erasure; we no longer need the personal data for the purposes of our processing, but you require personal data for the establishment, exercise or defence of legal claims; and you have objected to processing, pending the verification of that objection. Where processing has been restricted on this basis, we may continue to store your personal data. However, we will only otherwise process it: with your consent; for the establishment, exercise or defence of legal claims; for the protection of the rights of another natural or legal person; or for reasons of important public interest.

 

7.7    You have the right to object to our processing of your personal data on grounds relating to your particular situation, but only to the extent that the legal basis for the processing is that the processing is necessary for: the performance of a task carried out in the public interest or in the exercise of any official authority vested in us; or the purposes of the legitimate interests pursued by us or by a third party. If you make such an objection, we will cease to process the personal information unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms, or the processing is for the establishment, exercise or defence of legal claims.

 

7.8    You have the right to object to our processing of your personal data for direct marketing purposes (including profiling for direct marketing purposes). If you make such an objection, we will cease to process your personal data for this purpose.

 

7.9    You have the right to object to our processing of your personal data for scientific or historical research purposes or statistical purposes on grounds relating to your particular situation, unless the processing is necessary for the performance of a task carried out for reasons of public interest.

 

7.10  To the extent that the legal basis for our processing of your personal data is:

(a)    consent; or

(b)    that the processing is necessary for the performance of a contract to which you are party or in order to take steps at your request prior to entering into a contract,

and such processing is carried out by automated means, you have the right to receive your personal data from us in a structured, commonly used and machine-readable format. However, this right does not apply where it would adversely affect the rights and freedoms of others.

 

7.11  If you consider that our processing of your personal information infringes data protection laws, you have a legal right to lodge a complaint with a supervisory authority responsible for data protection. You may do so in the EU member state of your habitual residence, your place of work or the place of the alleged infringement.

 

7.12  To the extent that the legal basis for our processing of your personal information is consent, you have the right to withdraw that consent at any time. Withdrawal will not affect the lawfulness of processing before the withdrawal.

8.13  You may exercise any of your rights in relation to your personal data by written notice to us.

Cookies Policy

1.    Introduction

1.1    Our website uses cookies.

1.2    Insofar as those cookies are not strictly necessary for the provision of our website and services, we will ask you to consent to our use of cookies when you first visit our website.

2.    Credit

2.1    This document was created using a template from Docular (https://docular.net).

3.    About cookies

3.1    A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server.

3.2    Cookies may be either "persistent" cookies or "session" cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.

3.3    Cookies do not typically contain any information that personally identifies a user, but personal information that we store about you may be linked to the information stored in and obtained from cookies.

4.    Cookies that we use

4.1    We use cookies for the following purposes:

(a)    authentication - we use cookies to identify you when you visit our website and as you navigate our website (cookies used for this         purpose are) wixUIDX

(b)    shopping cart - we use cookies to maintain the state of your shopping cart as you navigate our website; (cookies used for this             purpose are); ec; fed; fedoras.looger.sessionld;hs; shout; svsession; usertype; xsrf-token

(c)    personalisation - we use cookies to store information about your preferences and to personalise our website for you; (cookies             used for this purpose are) _gat _gid _ga

(d)    security - we use cookies as an element of the security measures used to protect user accounts, including preventing fraudulent           use of login credentials, and to protect our website and services generally; (cookies used for this purpose are) JSESSIONID

(e)    analysis - we use cookies to help us to analyse the use and performance of our website and services; (cookies used for this                purpose are) Google_Analytics.com collect: _pinterest_cm 

(f)    cookie consent - we may use cookies to store your preferences in relation to the use of cookies more generally.  

5.    Cookies used by our service providers

5.1    Our service providers use cookies and those cookies may be stored on your computer when you visit our website.

5.2    We use Google Analytics to analyse the use of our website. Google Analytics gathers information about website use by means of cookies. The information gathered relating to our website is used to create reports about the use of our website. Google’s privacy policy is available at: https://www.google.com/policies/privacy/. The relevant cookies are: Google_Analytics.com collect

6.    Managing cookies

6.1    Most browsers allow you to refuse to accept cookies and to delete cookies. The methods for doing so vary from browser to browser, and from version to version. You can however obtain up-to-date information about blocking and deleting cookies via these links:

(a)    https://support.google.com/chrome/answer/95647?hl=en (Chrome);

(b)    https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences (Firefox);

(c)    http://www.opera.com/help/tutorials/security/cookies/ (Opera);

(d)    https://support.microsoft.com/en-gb/help/17442/windows-internet-explorer-delete-manage-cookies (Internet Explorer);

(e)    https://support.apple.com/kb/PH21411 (Safari); and

(f)    https://privacy.microsoft.com/en-us/windows-10-microsoft-edge-and-privacy (Edge).

6.2    Blocking all cookies will have a negative impact upon the usability of many websites.

6.3    If you block cookies, you will not be able to use all the features on our website.

Terms and conditions of Sale

1      Credit: This document was created using a template from Docular (https://docular.net).

2.    Introduction

2.1    These terms and conditions shall govern the sale and purchase of products through our website.

2.2    You will be asked to give your express agreement to these terms and conditions before you place an order on our website.

2.3    This document does not affect any statutory rights you may have as a consumer (such as rights under the Consumer Contracts            (Information, Cancellation and Additional Charges) Regulations 2013 or the Consumer Rights Act 2015).

 

3.    Interpretation

3.1    In these terms and conditions:

(a)    "we" means Paula Carter and

(b)    "you" means our customer or prospective customer,

        and "us", "our" and "your" should be construed accordingly.

 

4.    Order process

4.1    The advertising of products on our website constitutes an "invitation to treat" rather than a contractual offer.

4.2    No contract will come into force between you and us unless and until we accept your order in accordance with the procedure              set out in this Section 4.

4.3    To enter into a contract through our website to purchase products from us, the following steps must be taken: you must add the          products you wish to purchase to your shopping cart, and then proceed to the checkout; you must select your correct              

         destination of delivery and confirm your order and your consent to the terms of this document; you will be transferred to our    

         payment service provider’s website (Paypal) and our payment service provider will handle your payment; we will then send you          an initial acknowledgement; and once we have checked whether we are able to meet your order, we will either send you an                order confirmation (at which point your order will become a binding contract) or we will confirm by email that we are unable to          meet your order.

4.4    You will have the opportunity to identify and correct input errors prior to making your order.

5.    Products

5.1    The following types of products are or may be available on our website from time to time: Designed and Handmade collectable         artist teddy bears by Melanie Jayne McCarthy and occasionally wool felt products. The bears and accessories are designed and            handmade by me, Melanie Jayne McCarthy. The materials used in the construction of the bears are sourced from specialised              teddy bear making outlets, materials used include mohair, alpaca, quality fake fur fabrics, english glass eyes, wool felts, stuffing,            steel shot for weight, nut and bolt and cotter joints. As my products are handmade this means the bears are individually created          with the intention not to identically duplicate a previous bear, however the designs, mohairs and colour combinations used may          be repeated at anytime.

5.2   Although I every effort is made to be as accurate as possible, all sizes, weights, capacities, dimensions and measurements                   indicated on my site are approximate.

5.3   The images of the products on my site are for illustrative purposes only. Although I have made every effort to display the colours         accurately, I cannot guarantee that your computer’s display of the colours accurately reflect the colour of the products. Your                 products may vary slightly from those images.

5.3    We may periodically change the products available on our website, and we do not undertake to continue to supply any        

        particular product or type of product.

6.    Prices

6.1    Our prices are quoted on our website.

6.2    We will from time to time change the prices quoted on our website, but this will not affect contracts that have previously come            into force.

6.3    All amounts stated in these terms and conditions or on our website are stated inclusive of VAT.

6.4    It is possible that prices on the website may be incorrectly quoted; accordingly, we will verify prices as part of our sale          

         procedures so that the correct price will be notified to you before the contract comes into force.

6.5    In addition to the price of the products, you will have to pay a delivery charge, which will be notified to you before the contract of sale comes into force.

7.    Payments

7.1    You must, during the checkout process, pay the prices of the products you order.

7.2    Payments may be made by Paypal, although you do not need a PayPal account to proceed .

7.3    If you fail to pay to us any amount due under these terms and conditions in accordance with the provisions of these terms and           conditions, then we may withhold the products ordered and/or by written notice to you at any time cancel the contract of sale for the products.

7.4    If you make an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following           the date of our written request: 

(a)    an amount equal to the amount of the charge-back;

(b)    all third party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment           processor or card issuer);

(c)    an administration fee of GBP 25.00 including VAT; and

(d)    all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this Section 7.4 (including without         limitation legal fees and debt collection fees), and for the avoidance of doubt, if you fail to recognise or fail to remember the               source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute             an unjustified charge-back for the purposes of this Section 7.4.

8.    Deliveries

8.1    Our policies and procedures relating to the delivery of products are set out in this Section 8.

8.2    We will arrange for the products you purchase to be delivered to the delivery address you specify during the checkout process,          shown on you Paypal payment details only. 

8.3    We will use reasonable endeavours to deliver your products on or before the date for delivery set out in the order confirmation         or, if no date is set out in the order confirmation, within 7 days following the date of the order confirmation; however, we do not         guarantee delivery by this date.

8.4    We deliver products Worldwide using Royal Mail and other courier services.

8.5    Under no circumstances will we post to a different address than shown on the paypal account at the time of purchase

8.6    Customs Charges in the destination country are the customers responsibility.

9.    Distance contracts: cancellation right

9.1    This Section 9 applies if and only if you offer to contract with us, or contract with us, as a consumer - that is, as an individual               acting wholly or mainly outside your trade, business, craft or profession.

9.2    You may withdraw an offer to enter into a contract with us through our website or cancel a contract entered into with us        

         through our website (without giving any reason for your withdrawal or cancellation) at any time within the period:

(a)    beginning upon the submission of your offer; and

(b)    ending at the end of 14 days after the day on which the products come into your physical possession or the physical possession         of a person identified by you to take possession of them (or, if the contract is for delivery of multiple products, lots or pieces of           something, 14 days after the day on which the last of those products, lots or pieces comes into your physical possession or the           physical possession of a period identified by you to take possession of them).

9.3    In order to withdraw an offer to contract or cancel a contract on the basis described in this Section 9, you must inform us of                your decision to withdraw or cancel (as the case may be). You may inform us by means of any clear statement setting out the             decision. In the case of cancellation, you may inform us by email to melaniejayne@beartreasures.com. To meet the cancellation           deadline, it is sufficient for you to send your communication concerning the exercise of the right to cancel before the                           cancellation period has expired.

9.4    If you cancel a contract on the basis described in this Section 9, you must send the products back to us (to Paula Carter, 21 Hazelwood Drive, Maidstone, ME16 0EA). You must comply with your obligations referred to in this Section 9 without undue delay and in any event not later than 14 days after the day on which you inform us of your decision to cancel the contract. You must pay the direct cost of  returning the products and insure them.

9.5    If you cancel an order in accordance with this Section 9, you will receive a full refund of the amount you paid to us in respect of           the order including the costs of delivery to you, except:

(a)    if you chose a kind of delivery costing more than the least expensive kind of delivery that we offer, we reserve the right to retain           the difference in cost between the kind of delivery you chose and the least expensive kind of delivery that we offer; and

(b)    as otherwise provided in this Section 9.

9.6    If the value of the products returned by you is diminished by any amount as a result of the handling of those products by you              beyond what is necessary to establish the nature, characteristics and functioning of the products, we may recover that amount            from you up to the contract price. We may recover that amount by deducting it from any refund due to you or require you to            pay that amount direct to us. Handling which goes beyond the sort of handling that might reasonably be allowed in a shop will          be "beyond what is necessary to establish the nature, characteristics and functioning of the products" for these purposes.

9.7    We will refund money using the same method used to make the payment

9.8    We will process a refund due to you as a result of a cancellation on the basis described in this Section 9 within the period of 14 days after the day on which we receive the returned products. If we have not  sent the products to you at the time of withdrawal or cancellation we will process a refund to you without undue delay and, in any case, within the period of 14 days after the day on which we receive the returned item.

10.    Warranties and representations

10.1    You warrant and represent to us that: 

(a)    you are legally capable of entering into binding contracts;

(b)    you have full authority, power and capacity to agree to these terms and conditions;

(c)    all the information that you provide to us in connection with your order is true, accurate, complete and non-misleading; and

(d)    you will be able to take delivery of the products in accordance with these terms and conditions.

10.2    We warrant to you that: 

(a)    we have the right to sell the products that you buy;

(b)    the products we sell to you are sold free from any charge or encumbrance, except as specified in these terms and conditions;

(c)    you shall enjoy quiet possession of the products you buy, except as specified in these terms and conditions;

(d)    the products you buy will correspond to any description published on our website; and

(e)    the products you buy will be of satisfactory quality.

10.3   All of our warranties and representations relating to the supply of products are set out in these terms and conditions. To the      

         maximum extent permitted by applicable law and subject to Section 11.1, all other warranties and representations are expressly            excluded.

11.    Limitations and exclusions of liability

11.1    Nothing in these terms and conditions will:

(a)    limit or exclude any liability for death or personal injury resulting from negligence;

(b)    limit or exclude any liability for fraud or fraudulent misrepresentation;

(c)    limit any liabilities in any way that is not permitted under applicable law; or

(d)    exclude any liabilities that may not be excluded under applicable law, and, if you are a consumer, your statutory rights will not be         excluded or limited by these terms and conditions, except to the extent permitted by law.

11.2   The limitations and exclusions of liability set out in this Section 11 and elsewhere in these terms and conditions: 

(a)    are subject to Section 11.1; and

(b)    govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions,               including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent        

        expressly provided otherwise in these terms and conditions.

11.3    We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

11.4    We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income,          revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

12.    Order cancellation

12.1    We may cancel a contract under these terms and conditions immediately, by giving you written notice of termination, if: 

(a)    you fail to pay, on time and in full, any amount due to us under that contract; or

(b)    you commit any material breach of that contract.

12.2  You may cancel a contract under these terms and conditions immediately, by giving us written notice of termination, if we                   commit any material breach of that contract.

12.3   We may cancel a contract under these terms and conditions by written notice to you if we are prevented from fulfilling that                  contract by any event beyond our reasonable control, including without limitation any unavailability of raw materials,            

         components or products, or any power failure, industrial dispute affecting any third party, governmental regulations, fire, flood,            disaster, riot, terrorist attack or war.

13.    Consequences of order cancellation

13.1    If a contract under these terms and conditions is cancelled in accordance with Section 12: 

(a)    we will cease to have any obligation to deliver products which are undelivered at the date of cancellation;

(b)    you will continue to have an obligation where applicable to pay for products which have been delivered at the date of      

        cancellation (without prejudice to any right we may have to recover the products); and

(c)    all the other provisions of these terms and conditions will cease to have effect, except that Sections 2.3, 7.4, 11, 15, 16, 17, 18, 19            and 20 will survive termination and continue in effect indefinitely.

14.    Variation

14.1    We may revise these terms and conditions from time to time by publishing a new version on our website.

14.2   A revision of these terms and conditions will apply to contracts entered into at any time following the time of the revision, but              will not affect contracts made before the time of the revision.

15.    Assignment

15.1    You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these              terms and conditions.

15.2   You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or

         obligations under these terms and conditions. 

16.     No waivers

16.1    No breach of any provision of a contract under these terms and conditions will be waived except with the express written                    consent of the party not in breach.

16.2    No waiver of any breach of any provision of a contract under these terms and conditions shall be construed as a further or      

          continuing waiver of any other breach of that provision or any breach of any other provision of that contract.

17.    Severability

17.1    If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or                unenforceable, the other provisions will continue in effect.

17.2    If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were             deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect. 

18.    Third party rights

18.1    A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be                            enforceable by any third party.

18.2   The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third              party.

19.    Entire agreement

19.1    Subject to Section 11.1, these terms and conditions shall constitute the entire agreement between you and us in relation to the            sale and purchase of our products and shall supersede all previous agreements between you and us in relation to the sale and            purchase of our products.

20.    Law and jurisdiction

20.1    These terms and conditions shall be governed by and construed in accordance with English law.

20.2    Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.

21.    Statutory and regulatory disclosures

21.1    We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these                terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend                that you consider saving a copy of these terms and conditions for future reference.

21.2    These terms and conditions are available in the English language only.

21.3    The website of the European Union's online dispute resolution platform is available at http://ec.europa.eu/odr.

Returns policy

1.    Credit

1.1    This document was created using a template from Docular (https://docular.net).

2.    Introduction

2.1    We understand that you may wish to return a product to us.

2.2    We have created this policy to enable you to return products to us in appropriate circumstances.

2.3    This policy shall apply to all of our customers, irrespective of their geographical location.

2.4    This policy shall apply to all orders submitted through our website.

2.5    This document does not affect any statutory rights you may have as a consumer (such as rights under the Consumer Contracts           (Information, Cancellation and Additional Charges) Regulations 2013 or the Consumer Rights Act 2015).

3.    Returns

3.1    If you have no other legal right to return a product and receive a refund or exchange, then you will nonetheless be entitled to            return a product to us and receive a refund in accordance with this policy if: 

(a)    we receive the returned product within 14 days following the date of dispatch of the product to you;

(b)    the returned product is in its original packaging, with any labels still attached, and otherwise in a condition enabling us to sell              the product as new;

(c)    you comply with the procedure set out in this policy in relation to the return of the product; and

(d)    none of the exclusions set out in this policy apply.

4.    Returns procedure

4.1    In order to take advantage of your rights under this policy, you must contact us by email at paula@allbearbypaula.com  and then send the product to us with a covering note .

4.2    Products returned under this policy must be  sent as follows: UK by Royal Mail special delivery. Worldwide must be sent by a               postal service which includes insurance to cover the cost of the product and with tracking information to Paula Carter, 21 Hazelwood Drive, Maidstone, ME16 0EA.

4.3    You will be responsible for paying postage costs associated with returns under this policy.

5.    Refunds

5.1    We will give you a refund for the price you paid to us in respect of any product properly returned by you in accordance with this         policy.

5.2    We will refund to you the original delivery charges relating to the returned product.

5.3    We will not refund to you any costs you incur in returning the product to us.

5.4    We will usually refund any money received from you using the same method originally used by you to pay for your purchase.

5.5    We will process the refund due to you as soon as possible and, in any event, within 14 days following the day we receive your             returned product.

6.    Improper returns

6.1    If you return a product in contravention of this policy, and you do not have any other legal right to a refund or exchange in                respect of that product: 

(a)    we will not refund the purchase price or exchange the product;

(b)    we may retain the returned product until you pay to us such additional amount as we may charge for re-delivery of the returned         product; and

(c)    if we do not receive payment of such additional amount within 14 days of issuing a request for payment, we may destroy or                 otherwise dispose of the returned product in our sole discretion without any liability to you.

7.    Exclusions 

7.1   Exclusions to our return policy apply to commission work undertaken, whereas the item is custom made specifically to a                      customers requirements and is something out of the ordinary

7.2  Exclusions to our return policy apply to all products held on layaway payments. 

Copyright Notice 

Credit - This document was created using a template from Docular (https://docular.net).

1.    Copyright notice

1.1    Copyright © 2018  Paula Carter - All Bear by Paula.

1.2    Subject to the express provisions of this notice:

(a)    we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the             material on our website; and

(b)    all the copyright and other intellectual property rights in our website and the material on our website are reserved.

(c)    All text, photographs, designs or other medium used on our website are reserved. You may not use these, for any purpose,        

        without my express and written permission.

2.    Copyright licence

2.1    You may:

(a)    view pages from our website in a web browser;

(b)    download pages from our website for caching in a web browser;

(c)    print pages from our website;

(d)    stream audio and video files from our website; and

(e)    use our website services by means of a web browser,

        subject to the other provisions of this notice

2.2   Except as expressly permitted by the other provisions of this notice, you must not download any material from our website or               save any such material to your computer.

2.3    You may only use our website for your own personal purposes, and you must not use our website for any other purposes.

2.4    Except as expressly permitted by this notice, you must not edit or otherwise modify any material on our website.

2.5    Unless you own or control the relevant rights in the material, you must not:

(a)    republish material from our website (including republication on another website);

(b)    sell, rent or sub-license material from our website;

(c)    show any material from our website in public;

(d)    exploit material from our website for a commercial purpose; or

(e)    redistribute material from our website, save to the extent expressly permitted by this notice.

3.    Acceptable use

3.1    You must not:

(a)    use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the  

        performance, availability or accessibility of the website;

(b)    use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or

        harmful purpose or activity;

(c)    use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any          spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software; or

(d)    conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data          

        extraction and data harvesting) on or in relation to our website without our express written consent.

4.    Report abuse

4.1    If you learn of any unlawful material or activity on our website, or any material or activity that breaches this notice, please let us           know.

4.2    You can let us know about any such material or activity by email or using our abuse reporting form.

5.    Enforcement of copyright

5.1    We take the protection of our copyright very seriously.

5.2    If we discover that you have used our copyright materials in contravention of the licence set out in this notice, we may bring               legal proceedings against you, seeking monetary damages and/or an injunction to stop you using those materials. You could               also be ordered to pay legal costs.

6.    Permissions

6.1    You may request permission to use the copyright materials on our website by writing to us by email at               

        paula@allbearbypaula.com

Information about me

       I operate the website www.allbearbypaula.com and sell my products through my website store. I trade as All Bear by Paula (Paula Carter) My main trading address is 21 Hazelwood Drive, Maidstone, Kent ME16 0EA.

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© All Bear by Paula Carter 2019

All Rights Reserved

All Bear by Paula

Handcrafted Artist designed teddy bears