Terms and Conditions - Website
Welcome to Brothers Brereton! These terms and conditions outline the rules and regulations for the use of Brothers Brereton's Website, located at https://brothersbrereton.com.By accessing this website, we assume you accept these terms and conditions. Do not continue to use Brothers Brereton if you do not agree to take all of the terms and conditions stated on this page.
Cookies:
The website uses cookies to help personalize your online experience. By accessing Brothers Brereton, you agreed to use the required cookies. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you and can only be read by a web server in the domain that issued the cookie to you. We may use cookies to collect, store, and track information for statistical or marketing purposes to operate our website. You have the ability to accept or decline optional Cookies. There are some required Cookies that are necessary for the operation of our website. These cookies do not require your consent as they always work. Please keep in mind that by accepting required Cookies, you also accept third-party Cookies, which might be used via third-party provided services if you use such services on our website, for example, a video display window provided by third parties and integrated into our website.
License:
Unless otherwise stated, Brothers Brereton and/or its licensors own the intellectual property rights for all material on Brothers Brereton. All intellectual property rights are reserved. You may access this from Brothers Brereton for your own personal use subjected to restrictions set in these terms and conditions. You must not: Copy or republish material from Brothers Brereton Sell, rent, or sub-license material from Brothers Brereton Reproduce, duplicate or copy material from Brothers Brereton Redistribute content from Brothers Brereton This Agreement shall begin on the date hereof. Parts of this website offer users an opportunity to post and exchange opinions and information in certain areas of the website. Brothers Brereton does not filter, edit, publish or review Comments before their presence on the website. Comments do not reflect the views and opinions of Brothers Brereton, its agents, and/or affiliates. Comments reflect the views and opinions of the person who posts their views and opinions. To the extent permitted by applicable laws, Brothers Brereton shall not be liable for the Comments or any liability, damages, or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website. Brothers Brereton reserves the right to monitor all Comments and remove any Comments that can be considered inappropriate, offensive, or causes breach of these Terms and Conditions. You warrant and represent that: You are entitled to post the Comments on our website and have all necessary licenses and consents to do so; The Comments do not invade any intellectual property right, including without limitation copyright, patent, or trademark of any third party; The Comments do not contain any defamatory, libelous, offensive, indecent, or otherwise unlawful material, which is an invasion of privacy. The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity. You hereby grant Brothers Brereton a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats, or media.
Hyperlinking to our Content:
The following organizations may link to our Website without prior written approval: Government agencies; Search engines; News organizations; Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and System-wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site. These organizations may link to our home page, to publications, or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement, or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party's site. We may consider and approve other link requests from the following types of organizations: Commonly-known consumer and/or business information sources; Dot.com community sites; Associations or other groups representing charities; Online directory distributors; Internet portals; Accounting, law, and consulting firms; and Educational institutions and trade associations. We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of Brothers Brereton; and (d) the link is in the context of general resource information. These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement, or approval of the linking party and its products or services; and (c) fits within the context of the linking party's site.If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to Brothers Brereton. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response. Approved organizations may hyperlink to our Website as follows: By use of our corporate name; or By use of the uniform resource locator being linked to; or Using any other description of our Website being linked to that makes sense within the context and format of content on the linking party's site. No use of Brothers Brereton's logo or other artwork will be allowed for linking absent a trademark license agreement.
Content Liability:
We shall not be held responsible for any content that appears on your Website. You agree to protect and defend us against all claims that are raised on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene, or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
Reservation of Rights:
We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.
Removal of links from our website:
If you find any link on our Website that is offensive for any reason, you are free to contact and inform us at any moment. We will consider requests to remove links, but we are not obligated to or so or to respond to you directly.We do not ensure that the information on this website is correct. We do not warrant its completeness or accuracy, nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.
Disclaimer:
To the maximum extent permitted by applicable law, we exclude all representations, warranties, and conditions relating to our website and the use of this website. Nothing in this disclaimer will:Limit or exclude our or your liability for death or personal injury;Limit or exclude our or your liability for fraud or fraudulent misrepresentation;Limit any of our or your liabilities in any way that is not permitted under applicable law; orExclude any of our or your liabilities that may not be excluded under applicable law.The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort, and for breach of statutory duty.As long as the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.
Commission Services - Terms and Conditions
Welcome to our Canadian-based commission service! We strive to respond to all quote requests within 1-3 business days. By accepting our quote and making a deposit, you enter into a contract governed by Canadian law, effective until we complete your commission.Quotes remain valid for 30 days, allowing us to correct any errors or retract the quote as needed. To secure your commission in our queue, a deposit is required. Following the deposit, you'll receive a 'specification sheet' to detail your project requirements. Accuracy is crucial, as any discrepancies from the original quote may result in adjustments to the commission or its cancellation.Deposits and Payments: Deposits are set at 30-50% of the total service cost, including material expenses, as specified in your quote. Deposits become non-refundable 14 days post-payment. Final payment is due within 21 days following project completion notification. We accept bank transfers, PayPal or we can go through Etsy for payment. Failure to complete payment may lead to the cancellation of your commission without a refund or delivery of the product.
Project Queue and Timing: We will provide an estimated start time with your quote. Please note, these are estimates and actual start times may vary. Our average queue time is between 2-12 weeks.
Model Preparation: All models must be prepped to our standards before being sent to us, including the removal of mold lines and the drilling of barrel holes. Models not meeting our standards may require additional prep work, return to you, or replacement at your expense, as per your choice.
Painting Levels: Our services include 'Standard', 'High Detail' painting levels. Character models are subject to a minimum 'High Detail' standard. We reserve the right to modify painting level descriptions at any time. Custom freehand work is offered and requires full payment upfront. Details of paints or techniques used are not disclosed.
Amendments and Updates: Feel free to contact us via email for project updates or to request minor amendments. We aim to accommodate small changes without additional fees, but significant modifications may incur additional charges.
Shipping: Shipping costs, included in your quote, cover only tracked and insured services. International clients should be aware of potential import duties, which are the client's responsibility. We do not accept liability for any issues arising from postal service handling.
Terms of Service Agreement: By engaging with our site and services, you accept our Terms and Conditions, including referenced policies. These Terms apply to all site users. We reserve the right to update services or prices without prior notice and refuse service at our discretion.
User Responsibilities: Users agree not to use our services for illegal purposes or violate any laws. We reserve the right to terminate services for any prohibited uses.Liability and Indemnification: Our services and products are provided 'as is', without any liability for damages arising from their use or purchase. Users agree to indemnify our company against all claims related to violations of these Terms.For any questions, please contact us at info@brothersbrereton.com.By using our services, you acknowledge and agree to these Terms and Conditions.
Amendment to Terms and ConditionsEffective as of February 1st 2024, the following amendment to the Terms and Conditions of Brothers Brereton is implemented to ensure compliance with the laws of Ontario, Canada, and to better serve our clients. This amendment supplements and, where inconsistent, supersedes the prior Terms and Conditions provided to our clients. Please read the following changes carefully:
Consumer Rights and Cancellation:Ontario consumers are entitled to a cooling-off period of 10 days for services contracted online, during which they may cancel their agreement without penalty or reason. This period begins on the date the consumer receives a written copy of the agreement.To cancel, consumers must provide written notice to info@brothersbrereton.com within the cooling-off period.
Privacy and Personal Information:In compliance with the Personal Information Protection and Electronic Documents Act (PIPEDA) and relevant Ontario privacy laws, our Privacy Policy details our practices for collecting, using, and disclosing personal information. Consumers have the right to access their personal information held by us and may request corrections to any inaccuracies.Accessibility:We commit to ensuring our services and website are accessible to all individuals, including those with disabilities, in accordance with the Accessibility for Ontarians with Disabilities Act (AODA). Requests for accessible formats of our communication can be made by contacting info@brothersbrereton.com.
Electronic Commerce:Electronic agreements and acceptances are recognized as legally binding under the Ontario Electronic Commerce Act, 2000. Consumers will receive electronic copies of agreements in a format that can be saved and printed.
Dispute Resolution:For resolving disputes, we offer a mediation process that complies with Ontario laws. Disputes not resolved through mediation may be brought before the courts of Ontario, which shall have exclusive jurisdiction.
Refund and Cancellation Policy:Our refund and cancellation policy is updated to comply with Ontario's Consumer Protection Act, 2002. Details of fees or conditions for cancelling a commission after the cooling-off period are clearly stated in our specifications.This amendment is made in good faith to enhance transparency, compliance, and customer satisfaction. By continuing to use our services on or after February 1st, you agree to be bound by this amendment and the revised Terms and Conditions.For any questions regarding this amendment or our services, please contact us at info@brothersbrereton.com.Brothers Brereton reserves the right to make further amendments to these Terms and Conditions as required by law or for operational reasons. Any such changes will be communicated to our clients in a timely manner.