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Terms

Barn Owl Primitives Terms and Conditions

general

Barn Owl Primitives [www.barnowlprimitives.com] owns and operate this Website. This document governs your relationship with www.barnowlprimitives.com. Access to and use of this Website and the products and services available through this Website (collectively, the "Services") are subject to the following terms, conditions and notices (the "Terms of Service"). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.

Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or this entire Website. This Website may contain links to other websites (the "Linked Sites"), which are not operated by www.barnowlprimitives.com has no control over the Linked Sites and accepts no responsibility for them or for any loss or damage that may arise from your use of them. Your use of the Linked Sites will be subject to the terms of use and service contained within each such site.

privacy policy

BARN OWL PRIMITIVES, LLC is committed to protecting your privacy. This Statement of Privacy applies to BARN OWL PRIMITIVES, LLC Web site and governs data collection and usage at all BARN OWL PRIMITIVES, LLC sites and services; it does not apply to other online or offline sites, products or services. Please read the BARN OWL PRIMITIVES, LLC Statement of Privacy. BARN OWL PRIMITIVES, LLC is a general audience web site, intended for users of all ages. Personal information of all users is collected, used and disclosed as described in this Statement of Privacy.

information collected via technology 

As you use BARN OWL PRIMITIVES, certain information may be passively collected and stored on our or our service providers’ server logs, including your Internet protocol address, browser type and operating system. We also use Cookies and navigational data like Uniform Resource Locators (“URLs”) to gather information regarding the date and time of your visit and the solutions and information for which you searched and viewed, or on which of the advertisements displayed on BARN OWL PRIMITVES you clicked. An Internet protocol address, or “IP Address,” is a number that is automatically assigned to your computer when you use the Internet. In some cases your IP Address stays the same from browser session to browser session; but if you use a consumer internet access provider, your IP Address probably varies from session to session.

“Cookies” are small pieces of information that a website sends to your computer’s hard drive while you are viewing the site. We may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer until you delete them) to provide you with a more personal and interactive experience with Barn Owl Primitives. Persistent Cookies can be removed by following your Internet browser help file directions. In order to use our services offered through Barn Owl Primitives, your web browser must accept Cookies. If you choose to disable Cookies, some aspects of Barn Owl Primitives may not work properly, and you may not be able to receive our services. You can manage your cookie preferences via your browser settings (see http://www.aboutcookies.org for more information)

collection of your personal information

As an E-commerce Web site, BARN OWL PRIMITIVES, LLC collects personal information, such as your e-mail address, name, home or work address or telephone number. Information collected by BARN OWL PRIMITIVES, LLC is used solely for the purpose of billing your online purchases. BARN OWL PRIMITIVES, LLC does not collect any information about your computer hardware and software. BARN OWL PRIMITIVES, LLC encourages you to review the privacy statements of Web sites you choose to link to from BARN OWL PRIMITIVES, LLC so that you can understand how those Web sites collect, use and share your information. We are not responsible for the privacy statements or other content on Web sites outside of the BARN OWL PRIMITIVES, LLC Web site.

use of your personal information

BARN OWL PRIMITIVES, LLC and its operational service partners collect and use your personal information to process product orders and deliver the products requested. It is possible that BARN OWL PRIMITIVES, LLC may also use personal information to inform you of other products or services available from BARN OWL PRIMITIVES, LLC and its affiliates. BARN OWL PRIMITIVES, LLC may also contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered.

BARN OWL PRIMITIVES, LLC does not, rent or lease its customer lists to third parties. BARN OWL PRIMITIVES, LLC may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, your personal information (e-mail, name, address, telephone number) is not transferred to the third party. We occasionally hire other companies to provide limited services on our behalf, such as handling the processing and delivery of mailings, providing customer support, processing transactions, or performing statistical analysis of our services. We will only provide those companies the personal information they need to deliver the service. They are required to maintain the confidentiality of your information and are prohibited from using that information for any other purpose.

BARN OWL PRIMITIVES, LLC does not use or disclose sensitive personal information, such as race, religion, or political affiliations, without your explicit consent. BARN OWL PRIMITIVES, LLC may access and/or disclose your personal information if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on Barn Owl Primitives, LLC or the site; (b) protect and defend the rights or property of Barn Owl Primitives, LLC, including its Web site; or (c) act under exigent circumstances to protect the personal safety of users of BARN OWL PRIMITIVES, LLC or the public. Personal information collected on this site may be stored and processed in the United States or any other country in which BARN OWL PRIMITIVES, LLC or its affiliates, subsidiaries or agents maintain facilities, and by using this site, you consent to any such transfer of information outside of your country. BARN OWL PRIMITIVES, LLC abides by the safe harbor framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of data from the European Union.

control your personal information

BARN OWL PRIMITIVES, LLC offers its customers choices for the collection, use and sharing of personal information. You may go notify us of your preferences by emailing support@barnowlprimitives.zendesk.com. Please be sure to provide complete account information so we can identify you in our records. You may also stop the delivery of future promotional e-mail from BARN OWL PRIMITIVES, LLC by responding directly to any email you receive with a request to remove you from the mailing list

security of your personal information
BARN OWL PRIMITIVES, LLC is committed to protecting the security of your personal information. We use a variety of security technologies and procedures to help protect your personal information from unauthorized access, use, or disclosure. For example, we store the personal information you provide on computer systems with limited access, that are located in controlled facilities. When we transmit highly confidential information (such as a credit card number) over the Internet, we protect it through Authorize.net and PayPal Payment Services.

changes to this statement

BARN OWL PRIMITIVES, LLC will occasionally update this Statement of Privacy to reflect company and customer feedback. If there are material changes to this Statement or in how BARN OWL PRIMITIVES, LLC will use your personal information, BARN OWL PRIMITIVES, LLC will prominently post such changes prior to implementing the change. BARN OWL PRIMITIVES, LLC encourages you to periodically review this Statement to be informed of how BARN OWL PRIMITIVES, LLC is protecting your information.

prohibitions

You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and www.barnowlprimitives.com will report any such breach to the relevant law enforcement authorities and disclose your identity to them. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Website or to your downloading of any material posted on it, or on any website linked to it.

intellectual property, software and content

The intellectual property rights in all software and content (including photographic images) made available to you on or through this Website remains the property of www.barnowlprimitives.com or its licensors and are protected by copyright laws and treaties around the world. All such rights are reserved by www.barnowlprimitives.com and its licensors. You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.

terms of sale

By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price. Dispatch times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.

In order to contract with www.barnowlprimitives.com you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. www.barnowlprimitives.com retains the right to refuse any request made by you. If your order is accepted we will inform you by email and we will confirm the identity of the party which you have contracted with. This will usually be www.barnowlprimitives.com or may in some cases be a third party. Where a contract is made with a third party www.barnowlprimitives.com is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.

(a) Our Contract
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.

(b) Pricing and Availability
While we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund. Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Total Cost'.

(c) Payment
Upon receiving your order we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfill the transaction. Your card will be debited upon authorization being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been dispatched and you have been sent a confirmation email the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.

terms of gift cards

The Barn Owl Primitives Gift Cards and e-Gift Card ("e-Gift Card") can only be used online at www.barnowlprimitives.com.

Our Gift Card and e-Gift Cards will not be replaced or refunded if lost or stolen. Barn Owl Primitives, LLC and its affiliates are not responsible for or e-Gift Card.

Gift Cards and e-Gift Cards will not be returnable or exchangeable for cash, except in states where required by law.

Coupons and other discounts may not be used to purchase e-Gift Cards.

A Gift Card or e-Gift Card cannot be used to purchase Gift Cards or e-Gift Cards.

Purchase amounts that exceed the value of the tendered Gift Card or e-Gift Card will require a credit card for the balance due. Barn Owl Primitives Gift Cards and e-Gift Cards do not expire and we do not assess any service fees for non-use. Compliance With Law By purchasing Gift Card and/or E-Gift Card, you are certifying and representing to Barn Owl Primitives, LLC. and its affiliates that the activities in connection with which the Gift Card and/or e-Gift Card will be used and comply with these Terms and Conditions and all applicable laws, rules and regulations, including the Terms and Conditions that govern the Barn Owl Primitives web site. In addition, you agree to defend and indemnify Barn Owl Primitives, LLC and its affiliates from and against any claims, expenses or liabilities made against or incurred by any of them in connection with your use of the Gift Cards, e-Gift Cards or violation of any of these Terms and Conditions. Acceptance of these Terms and Conditions Your purchase or use of a Gift Card or e-Gift Card constitutes acceptance of these Terms and Conditions. These Terms and Conditions are subject to change without notice.

return policy

Barn Owl Primitives provides a 100% satisfaction guarantee. If for any reason the buyer is not completely satisfied with the order Barn Owl Primitives will refund the full amount minus shipping. If the item is damaged or was grossly misrepresented a full refund will issued including the cost of shipping. If the product is damaged the buyer must send Barn Owl Primitives a picture of the damage within 7-days from receipt to receive a full refund to include shipping. Refunds are issued after a Barn Owl Primitives representative has inspected the item.

exchange policy

Products can be exchanged, however, the buyer is responsible for both the return and new delivery shipment cost. Before a product can be exchanged Barn Owl Primitives will need to inspect the product for damage if the product is returned after the aforementioned 7-day grace period. If the item is damaged after 7-day grace period the exchange is void and the sign will be returned to the buyer.

disclaimer of liability

The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law www.barnowlprimitives.com and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect www.barnowlprimitives.com's liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

linking to this website

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.

disclaimer as to ownership of trademarks, images of personalities and third party copyright
Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with www.barnowlprimitives.com and you should not rely on the existence of such a connection or affiliation. The respective trademark owners own any trademarks/names featured on this Website. Where a trademark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to www.barnowlprimitives.com.

indemnity

You agree to indemnify, defend and hold harmless www.barnowlprimitives.com, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of this Website or your breach of the Terms of Service. Variation

www.barnowlprimitives.com shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.

invalidity

If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law. Complaints We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments by contacting us at support@barnowlprimitives.zendesk.com.

waiver

If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.

entire agreement

The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and www.barnowlprimitives.com. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of www.barnowlprimitives.com.
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