Lee Brevard Website IP
Website User hereby acknowledges and agrees that H.O.B. LLC (DBA Lee Brevard / BrevardDesign.com) shall be deemed to be the owner of any intellectual property rights relating to the products, images and text which appear on and/or are the subject matter of this website. In any situation in which Lee Brevard were deemed not to own all copyright, title and interest in the products, images and text contemplated hereunder, Website User hereby assigns and transfers to Lee Brevard, or to its designee, all rights, including copyright, title, and interest, in and to all such images, products and text. Website User further agrees to execute documents in connection with such assignment.
Website User hereby acknowledges and agrees that Lee Brevard shall own any and all intellectual property rights, including, but not limited to, ideas, discoveries, inventions, documents, designs, drawings, schematics, electronic media, images, calculations and descriptions relating to the products, photographs and narrative appearing on this site (“IP Rights”). Website User further agrees not to reverse engineer any product or design appearing on this site. Lee Brevard owns all IP Rights in perpetuity, worldwide, royalty free and freely assignable from the time of their creation and to the fullest extent permitted by law. Website User agrees that Lee Brevard shall have the irrevocable right to use and exploit such IP Rights and to exercise any moral rights therein on its behalf to the fullest extent permitted under applicable law, including without limitation the right to create derivative works, alter the works and determine whether, when, where, how, and under what name such works shall be published. Website User’s entry to site confirms User’s agreement to all aforesaid terms.
We collect information to help us enhance your online experience, as well as to communicate with you about products, services, and promotions. Any personally identifiable information you entrust to us is protected. We use the industry-standard Secure Sockets Layer (SSL) technology to keep your online information secure.
Our website uses a browser feature known as cookies. Cookies are small pieces of electronic information stored on your hard drive. They help us to learn which portions of our website are most useful to you. This data is collected completely anonymously and does not identify you personally.
Our store is hosted on Shopify, Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. Your data is stored through Shopify’s data storage, databases, and the general Shopify application. They store your data on a secure server behind a firewall.
If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted. All direct payment gateways 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.
In our efforts to provide the best quality services to you, we may hire other partners to help us. If personally identifiable information is provided to a partner, we require them to maintain the information in strict confidence.
Except as noted above, we will not share any of your personally identifiable information with anyone.
Important to note: We may disclose specific information about customers if required to do so by law or if we believe in good faith that it is necessary to comply with the law or if it is necessary to protect website users, the website itself or the public.
If you still have concerns about ordering electronically, feel free to call 310.577.1888 to place your order over the phone. Please have the style, size, color, and quantity ready for each item you wish to order. Please note that email is not encrypted and is not considered a secure means of transmitting credit card numbers. We prefer to not handle such sensitive information via email. To expedite your phone order, take snapshot your shopping cart and email us at Lee.Brevard.Studio@gmail.com, then call the studio at 310.577.1888 to place your order over the phone.
If you would like to remove your name from our email or postal mailing list, please let us know by emailing Lee.Brevard.Studio@gmail.com or by writing to us at Attn: Website Marketing, LEE BREVARD, 3435 Ocean Park Blvd, #107-420, Santa Monica, CA 90405. To ensure your name is removed from our mailing lists, please provide us with your exact email address, name and address the way it appears on our mailing label. Updates to our mailing list may take up to four weeks to process.
California Residents CCPA Notice
We Collect These Categories of Information
This notice lists the categories of personal information we have collected through Lee Brevard in the past 12 months.
- Identifiers- including IP address, cookie ID, and mobile advertising ID.
- Internet or other electronic network activity information- including browsing activity on Lee Brevard. This also encompasses other information that gets collected automatically when you use the Lee Brevard site.
- Geolocation data, inferred from your IP address, to determine your legal jurisdiction for CCPA compliance, and for aggregate analytics purposes to understand statistically where our users are.
- Inferences drawn from any of the above personal information- about your preferences, predispositions, and behavior to customize ads displayed to you.
We Don’t Collect These Categories of Information
This Section covers the specific things that we promise not to do that you might be concerned about.
- We do not collect your email address, name, or telephone number(s) in order to use our web site. In fact, we don't collect any Personal Information as defined by California Civil Code section 1798.83.
We Collect Information for The Following Purposes
Lee Brevard collects some details about your internet browsing, including client IP addresses, displayed content, and individual user preferences for the following business purposes.
Short-Term Transient Use
We use your IP address to determine if you are a California resident, and for information security purposes to defend our web site against attacks. This information is not stored or associated with your identity by Lee Brevard.
Notice of Your Rights
The CCPA allows California residents to request that a business that collects California consumers' personal information give consumers additional transparency and access to the specific pieces of personal information that the business has collected about the consumer. California residents also have the right to submit a request for deletion of information under certain circumstances.
SHINE THE LIGHT. Lee Brevard does not collect or share any Personal Information as defined by California Civil Code section 1798.83, without giving the user the option to opt out of sharing any such information. Therefore, the California "Shine the Light" law does not apply to Lee Brevard. Any requests for processing of information collection under "Shine the Light" will be legally rejected because they are not applicable.
RIGHT TO NON-DISCRIMINATION. Consistent with California law, if you choose to exercise your rights under the CCPA, we will not provide a different quality of services to you unless those differences are related to your information.
RIGHT TO KNOW. To exercise your right under the CCPA to request a description of the information we have collected about you, you may email Info@BrevardDesign.com with the subject "CCPA RIGHT TO KNOW Request" and explain your specific request in the message body.
RIGHT TO DELETE. To exercise your right to delete information we have collected about you, email Info@BrevardDesign.com with the subject "CCPA Right to Delete Request" and explain your specific deletion request in the message body.
Once we receive your request, we may verify it by requesting information sufficient to confirm your identity, including by asking you for additional information. If you would like to use an agent registered with the California Secretary of State to exercise your rights, we may request evidence that you have provided such agent with power of attorney or that the agent otherwise has valid written authority to submit requests to exercise rights on your behalf. I hereby legally declare: I am a California Resident or I am not a California Resident.
a. Thank you for visiting our website, BrevardDesign.com (the “Site”). This Site is operated by H.O.B., a Limited Liability Company incorporated in California, United States of America with its registered office at 3435 Ocean Park Boulevard, Suite 107 - 420 in Santa Monica California 90405 (“Lee Brevard”, “we,” “us” or “our”).
c. Please read these Terms carefully because your use of the Site constitutes your agreement to follow and be bound by these Terms. If you do not agree to these Terms, you should not access or use the Site.
e. These Terms, and any further contract between us, are available only in the English language.
So far as applicable law permits, no other languages will apply.
a. No changes to these Terms are valid or have any effect unless agreed to by us in writing.
b. Nothing in these Terms affect your statutory rights (see section 5.c for more details).
c. These Terms were most recently updated on June 1, 2023.
3. Site use and accessibility
a. You agree that you are solely responsible for:
i. all costs and expenses you may incur in relation to your use of the Site; and
ii. keeping your password and other account details confidential.
b. We may prevent or suspend your access to the Site if you do not comply with any part of these Terms or any documents expressly referred to in it, or any applicable law.
c. Lee Brevard is committed to providing a website that is accessible to the widest possible audience. We are actively working to increase the accessibility and usability of our Site and in doing so aim to adhere to many of the available accessibility standards and guidelines.
d. While we are continually seeking out solutions that will bring all areas of the Site up to the same level of overall accessibility, in the meantime, should you experience any difficulty in accessing the Site, please don’t hesitate to contact us at Info@BrevardDesign.com.
e. The Site displays correctly in current web browsers. If you view our Site on an older browser, you may find pages don’t display as intended. We recommend you upgrade your browser to the latest version to get the most from our Site. To check if you should update, visit updatemybrowser.org.
4. Ownership, use and intellectual property rights
a. All copyright, trademarks, domain names, design rights, database rights, patents, and other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world) in and on the Site including all content and applications located on the Site shall remain vested in Lee Brevard or its licensors. All such rights are reserved.
b. You may retrieve and display the content on the Site on a device screen and print one copy of such content for your own personal, non-commercial use, provided you keep intact any and all copyright and proprietary notices. You may not otherwise reproduce, modify, copy, or distribute or use for commercial purposes any of the content on the Site without written permission from Lee Brevard.
c. You agree not to adjust or try to circumvent or delete any notices contained on the Site (including any intellectual property notices) and in particular any digital rights, or other security technology embedded or contained within the Site.
d. The use or reproduction of any Lee Brevard copyrights, trademarks, designs or any and all other proprietary protectable intellectual property appearing on the Site is strictly prohibited unless you have our prior written permission.
e. Please contact Info@BrevardDesign.com in relation to any questions or requests regarding materials on the Site.
5. Accuracy of information and availability of the Site
a. While we try to make sure that the Site is accurate, up-to-date, and free from bugs, we cannot promise that it will be. Furthermore, we cannot promise that the Site will be fit or suitable for any particular purpose. Any reliance on the information on this Site is at your own risk.
b. We may suspend or terminate operation of the Site at any time we see fit with or without notice to you.
c. You may have certain legal rights when using the Site (such as the Online Shop Terms). These are also known as ‘statutory rights’ as they are derived from laws such as the Consumer Rights Act 2015. A summary of your key rights is set out at the beginning of the Online Shop Terms.
d. Content is provided for general informational purposes only and to inform you about us and our products, news, features, services, and other websites that may be of interest.
e. While we try to make sure that the Site is available for your use, we do not promise that the Site is available at all times, nor do we promise the uninterrupted use by you of the Site.
6. How we use your personal information
7. Hyperlinks and third-party sites
The Site may contain hyperlinks or references to third-party websites other than the Site. Any such hyperlinks or references are provided for your convenience only. We have no control over third-party websites and accept no legal responsibility for any content, material or information contained on them. The display of any hyperlink and reference to any third-party website does not mean that we endorse that third-party’s website, products, or services. Your use of a third-party site is governed by the terms and conditions of that third party site.
8. Submitting information to the Site
a. While we try to make sure that the Site is secure, we cannot guarantee the security of any information that you supply to us and therefore we cannot guarantee that it will be kept confidential. For that reason, you should not upload (let us have) any ideas, advertising or marketing suggestions, prototypes, or any other information that you regard as confidential, commercially sensitive or valuable (“Unwanted Submissions“). While we value your feedback, you agree not to send any Unwanted Submissions.
b. We may use any Unwanted Submissions as we see reasonably fit on a free-of-charge basis (bear in mind that we have no way of knowing whether such information is confidential, commercially sensitive, or valuable because we do not monitor the Site to check for these matters). Therefore, we will not be legally responsible for keeping any Unwanted Submissions confidential nor will we be legally responsible to you or to anyone else for any use of such Unwanted Submissions.
We may transfer rights and obligations under these Terms to another organization. We shall always tell you in writing if this happens and we shall ensure that the transfer does not affect your rights under these Terms.
10. Events beyond our control
We shall have no liability to you for any breach of these Terms caused by any event or circumstance beyond our reasonable control including, but not limited to, natural disasters, acts of war, strikes, lock-outs, or other industrial disputes; breakdown of systems or network access; or flood, fire, explosion or accident.
11. Rights of third parties
No one other than a party to these Terms has any right to enforce any of these Terms.
12. Our responsibility for loss or damage suffered by you
a. Whether you are a consumer or a business user:
i. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents, or subcontractors and for fraud or fraudulent misrepresentation.
ii. Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products or services to you, which will be set out in our Online Shop Terms.
b. If you are a business user:
i. We exclude all implied conditions, warranties, representations, or other terms that may apply to our Site and/or to any content on it.
ii. We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with: 1. use of, or inability to use, our Site; or 2. use of or reliance on any content displayed on our Site.
iii. In particular, we will not be liable for: 1. loss of profits, sales, business, or revenue; 2. business interruption; 3. loss of anticipated savings; 4. loss of business opportunity, goodwill or reputation; or 5. any indirect or consequential loss or damage.
c. If you are a consumer user, please note that we only provide our site for domestic and private use. You agree not to use our Site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
To the extent that applicable law permits, each paragraph of these Terms operates separately. If any court or relevant authority decides that any of the terms herein are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
a. We will try to resolve any disputes with you quickly and efficiently.
b. If you are unhappy with us, please contact us as soon as possible.
c. If we cannot resolve a dispute using our complaint handling procedure, we will let you know that we cannot settle the dispute with you; and ii. give you certain information required by law about our alternative dispute resolution provider.
15. Communications between us
a. When we refer, in these Terms, to “in writing”, this will include email.
b. If you wish to contact us in writing, or if any clause in these Terms requires you to give us notice in writing, you can send this to us by email at Info@BrevardDesign.com. We will confirm receipt of this by contacting you in writing, normally by email.
c. If we have to contact you or give you notice in writing, we will do so by email or by pre-paid post to the address you provide to us when you register on our Site.
Online Shop Terms
These Online Shop Terms set out:
• your legal rights and responsibilities;
• our legal rights and responsibilities; and
• certain key information required by law.
Who we are
The BrevardDesign.com website (the “Site“) is operated by H.O.B. LLC (“we“, “us” or “our” being interpreted accordingly). We are a Limited Liability Company as referenced in Section 1 a. hereinabove.
In these Online Shop Terms “you” or “your” means the person using our site to buy products and/or services from us.
If you don’t understand any of this contract and want to talk to us about it, please contact us by email at Info@BrevardDesign.com.
1.1. If you buy products on our Site, you agree to be legally bound by these Online Shop Terms.
1.2. This contract is only available in English. No other languages will apply to this contract so far as applicable law permits.
1.3. When buying any products, you also agree to be legally bound by:
1.3.2. extra terms which may add to, or replace some of, these Online Shop Terms. This may happen for legal reasons. We will contact you to let you know if we intend to do this and you can cancel any order and receive a refund for any products or services paid for but not received;
All these documents form part of these Online Shop Terms as though set out in full here.
2. If you are a consumer – a summary of your legal rights
2.1. This clause 2 shall only apply if you are a consumer on our Site.
2.2. We are under a legal duty to supply products that are in conformity with these Online Shop Terms. See the box below for a summary of your key legal rights as a consumer in relation to the products. Nothing in these Terms will affect your legal rights.
2.3. By law, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 say that we must give you certain key information before a legally binding contract between us is made.
2.4. The key information we give you by law forms part of these Online Shop Terms as though it is set out in full here.
2.5. If we have to change any key information once a legally binding contract between us is made, we can only do this if you agree to it.
3. If you are a business customer
3.1. This clause 3 only applies if you are a business customer on our Site.
3.2. If you are not a consumer, you confirm that you have authority to represent any business on whose behalf you use our Site to purchase products.
3.3. These Online Shop Terms and any documents expressly referred to herein constitute the entire agreement between us. You acknowledge that you have not relied on any statement, promise or representation made, or given by, or on behalf of us set out in these Online Shop Terms or any document(s) expressly referred to within them.
4. How the contract is formed between us
4.1. Below, we set out how a legally binding contract between us is made.
4.2. You place an order on the Site by following the on-screen instructions on the web page displaying the product you are interested in to a) select the relevant product options when prompted and add the products to your basket and, once you have finished selecting the products you wish to purchase, b) enter your delivery and payment details.
4.3. Our order process allows you to check and amend your order before submitting it. Please take the time to read and check your order carefully at each stage of the order process.
4.4. When you place an order for a product or service, we will require your payment details in order to pre-authorize payment with your bank, but your payment will not be charged until we have confirmed availability of the product and/or to you.
4.5. When you place your order at the end of the online checkout process (e.g. when you click on ‘submit’ or ‘confirm’), we will acknowledge it by email (“Acknowledgement“). This Acknowledgement does not, however, mean that your order has been accepted.
4.6. We may contact you to say that we do not accept your order. This is typically for the following reasons:
4.6.1. the products/services are unavailable;
4.6.2. we cannot authorize your payment;
4.6.3. you are not allowed to buy the products from us;
4.6.4. we are not allowed to sell the products to you;
4.6.5. you have ordered too many products; or
4.6.6. there has been a mistake on the pricing or description of the products.
If we are unable to supply you with a product or service, for example because that product is not in stock, or no longer available, or because of an error in the price on our Site, we will inform you of this by email and we will not process your order. If the product is not available the payment pre-authorization will be removed and your bank (credit card, etc.) details will not be retained.
4.7. Product availability will be confirmed to you by email within 7 days (“Order Confirmation“). Once you have our Order Confirmation, a binding contract will be formed between us for purchase of the product and/or and your payment will be processed.
4.8. If following Order Confirmation and process of your payment the product is no longer available, we shall refund any payment taken from you using the credit or debit card you used to pay for the product.
4.9. You shall receive a shipping confirmation from us once your product has been dispatched for delivery (“Shipping Confirmation“).
4.10. If you are a consumer, you must be at least 18 years of age to purchase products from our Site.
Your cancellation rights should you change your mind
5.1. This clause 5 shall only apply if you are a consumer on our Site.
5.2. You do not have the right to change your mind and cancel the contract between us for bespoke orders or services, or where a product has been made to your specifications and is clearly personalized, unless that product is faulty.
5.3. You may cancel a contract from the date you receive the Order Confirmation, which is when the contract between us is formed.
5.4. If the product has already been delivered to you, you have a period of 36 (Thirtysix) hours in which you may cancel, starting from the day you receive the product or service.
5.5. To cancel a contract if you change your mind, you must contact us in writing by sending an email to Info@BrevardDesign.com or by using the cancellation form attached to these terms. You may wish to keep a copy of your cancellation notification for your own records.
5.6. Returns made in accordance with these Online Shop Terms are only accepted for products and/or services purchased directly from our Site.
5.7. We will pay the costs of return:
5.7.1. if the products are faulty;
5.7.2. if you are ending the contract because we have told you of an upcoming change to the product or these Online Shop Terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong.
In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.
5.8. We will process the refund due to you using the credit or debit card you used to pay for the product and refunds will be processed without undue delay, and in any event no later than 14 days after we receive the returned product.
5.9. If the products were delivered to you:
i. you must return the products to us in accordance with the Shipping and Returns Policy and within 10 days of receipt, unless the products were split into different deliveries over different days in which case you must return the products within 10 days from the date the last product was received, in the original packaging and including any certificates provided with the product;
ii. you have a legal obligation to keep the products in your possession and to take reasonable care of the products while in your possession.
5.10. If the value of the product is diminished as a result of your handling of the product beyond what is necessary to establish the nature, characteristics and functioning of the product, we may recover that amount from you, up to the value of the product, by either:
i. deducting that amount from the refund due to you; or
ii. otherwise requiring you to reimburse this amount.
Our cancellation rights to end the contract
6.1. We may end the contract for a product at any time by writing to you if you do not, within a reasonable time:
6.1.1. provide us with information that is necessary for us to provide the product following a request by us for the information from you; or
6.1.2. allow us to deliver the product to you.
6.2. If we end the contract in the circumstances above, we will refund any money you have paid in advance for products not provided.
7.1. You shall be notified of the cost of delivery before you place your order. We shall deliver the products to you as soon as reasonably possible after the day on which your order is confirmed.
7.2. If the supply of the products is delayed by an event outside our control, we shall contact you as soon as possible to let you know and take steps to minimize the effect of the delay. In doing so, we shall not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
7.3. Delivery will be completed when the products are delivered to the address supplied by you. Please note that occasionally, where multiple products have been ordered, these may be delivered to you separately, on different days.
7.4. You have legal rights if any products are delivered late. If the estimated delivery deadline is missed, then you may treat the contract as breached if any the following applies:
7.4.1. we have refused to deliver the goods;
7.4.2. delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
7.4.3. you told us before we accepted your order that delivery within the delivery deadline was essential.
7.5. If you do not wish to treat the contract as breached or terminated, or do not have the right to do so under clause 7.4, you can provide a new deadline for delivery, which must be reasonable, and you can treat the contract as terminated if we do not meet the new deadline.
7.6. If you do choose to treat the contract as terminated for late delivery under clause 7.4 or 7.5, you can cancel your order for the product/service or reject products that have been delivered. If you wish, you can reject or cancel the order for some of those products (not all of them) unless splitting them up would significantly reduce their value. After that we shall refund any sums that you have paid for the cancelled products and their delivery (as per clause 5.6). If the products have been delivered to you, you must return them in order to receive a refund, excluding bespoke or custom orders. Please contact customer service at Info@BrevardDesign.com.
7.7. The products will be your responsibility from the completion of delivery. In other words, the risk in the products passes to you when you take possession of the products and/or services.
7.8. You own the products once we have received payment in full, including all applicable delivery charges.
8.1. Delivery charges on your order and in your Order Confirmation are estimates. We reserve the right to amend the delivery charges and will advise you of any changes once we have received your order. Lead times for delivery may vary, depending on the delivery location. For some territories, such as Asia, South America and Australasia for example, delivery charges may be based on delivery to port, and you may need to arrange collection, provision of necessary documentation, and customs clearance. We will advise you of this once we have reviewed your order.
8.2. If your delivery address is not within the United States, you may be subject to import duties and taxes, which are levied once a shipment reaches your country. Any such additional charges for customs clearance are the responsibility of the customer. You should note that customs policies vary widely from country to country; Lee Brevard advises you contact your local customs office for further information.
8.3. You should be aware that cross-border shipments are subject to opening and inspection by customs authorities.
Price of products and services
9.1. The price to be paid for a product (which includes VAT) will be the price as quoted on our Site when you place your order. We take reasonable care to ensure that the price of the Product or Service is correct.
9.2. Prices for our products may change from time to time, but changes will not affect any order for which we have issued an Order Confirmation.
9.3. The price of a product does not include delivery charges. Our delivery charges are as quoted on our Site and may be subject to variation from time to time. You will be notified of delivery options and charges on the Site before you place your order.
9.4. If the rate of VAT changes between the date of your order and the date of the Order Confirmation we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
9.5. Please note that if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a mispricing we may end the contract, refund you any sums you have paid and require the return of any goods provided to you.
10.1. You can pay for products using a debit card or credit card. We accept payment with: Visa, MasterCard, AmEx, PayPal, Shop Pay, Affirm, Discover, Apple Pay, Meta Pay, Google Pay, and Venmo.
10.2. We will do all that we reasonably can to ensure that all of the information you give us when paying for the products is secure by using an encrypted secure payment mechanism. However, in the absence of negligence on our part we will not be legally responsible to you for any loss that you may suffer if a third party gains unauthorized access to any information that you give us.
10.3. Your credit card or debit card will only be charged when you place your order.
10.4. If you think that a payment which has been debited from your debit card or credit card is wrong, please contact us promptly to let us know.
10.5. If your payment is not received by us and you have already received the products, you:
10.5.1. must pay for such products within 5 days; or
10.5.2. must return them to us as soon as possible. If so, you must keep the products in your possession, take reasonable care of them (including ensuring that you follow any instructions or manuals given with the products) and not use them before you return them to us.
10.6. If you do not return any products that you have not paid for, we may collect the products from you at your expense. We will try to contact you to let you know if we intend to do this.
10.7. Nothing in this clause affects your legal rights to cancel the contract during the ‘cooling off’ period under clauses 5 and 7.
Nature of the products
11.1. The Consumer Rights Act 2015 gives you certain legal rights (also known as ‘statutory rights’), for example, the products:
11.1.1. are of satisfactory quality;
11.1.2. are fit for purpose;
11.1.3. match the description, sample, or model; and
11.1.4. are installed properly (if we install any products).
11.2. We must provide you with products that comply with your legal rights.
11.3. The packaging of the products may be different from that shown on the site.
11.4. While we try to make sure that the colors of our products are displayed accurately on the site, the actual colors that you see on your computer may vary depending on the monitor that you use.
11.5. Any products sold:
11.5.1. at discount prices;
11.5.2. as remnants; or
11.5.3. as substandard; will be identified and sold as such. Please check that they are of satisfactory quality for their intended use.
11.6. If we can’t supply certain products, we may need to substitute them with alternative products of equal or better standard and value. In this case:
11.6.1. we will let you know if we intend to do this, but this may not always be possible; and
11.6.2. you can refuse to accept such substitutes in which case we will offer you a refund or a replacement and let you know how long such an offer remains open.
12.1. Your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’), are set out at the top of this contract. They are a summary of your key rights. For more detailed information on your rights and what you should expect from us, please:
12.1.1. contact us using the contact details at the top of this page.
12.2. Nothing in these Online Shop Terms affects your legal rights under the Consumer Rights Act 2015 (also known as ‘statutory rights’). You may also have other rights in law.
12.3. Please contact us using the contact details at the top of this page, if you want:
12.3.1. us to repair the products;
12.3.2. us to replace the products;
12.3.3. a price reduction; or
12.3.4. to reject the products and get a refund.
Liability if you are a consumer
13.1. This clause 13 shall only apply if you are a consumer on our Site.
13.2. Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury), we are not legally responsible for:
13.2.1. losses that:
220.127.116.11. were not foreseeable when the contract was formed; or
18.104.22.168. that were not caused by any breach on our part;
13.2.2. business losses; and
13.2.3. losses to non-consumers.
Liability if you are a business
14.1. Nothing in these terms shall limit or exclude our liability for:
14.1.1. death or personal injury caused by our negligence, or the negligence of our employees, agents, or subcontractors (as applicable);
14.1.2. fraud or fraudulent misrepresentation; or
14.1.3. any matter in respect of which it would be unlawful for us to exclude or restrict liability.
14.2. Except to the extent expressly stated in these Online Shop Terms all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982 are excluded.
14.3. Subject to clause 14.1:
14.3.1. we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
14.3.2. our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to one hundred per cent (100%) of the total sums paid by you for products under such contract.
How we may use your personal information
15.1. We will use the personal information you provide to us:
15.1.1. to supply the products to you;
15.1.2. to process your payment for the products; and
15.1.3. if you agreed to this during the order process, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.
16.1. We will try to resolve any disputes with you quickly and efficiently.
16.2. If you are unhappy with:
16.2.1. the products;
16.2.2. our service to you; or
16.2.3. any other matter; please contact us as soon as possible.
16.3. If we cannot resolve a dispute using our internal complaint handling procedure, we will:
16.3.1. let you know that we cannot settle the dispute with you.
16.4. These Online Shop Terms are governed by California law, and you can bring legal proceedings in respect of the products and Services in any court of competent jurisdiction in Los Angeles County California U.S.A.
17.1. No one other than a party to this contract has any right to enforce any term of this contract.
Copy, then complete and return this form only if you wish to cancel your order.
3435 Ocean Park Boulevard
Suite 107 - 420
Santa Monica California 90405
Ordered on _____________________ / Received on_________________________
Name of consumer(s):
Address of consumer(s):
We are committed to making this website available to as many people as possible and are engaged in continued efforts to ensure that this website is accessible to those with special needs, including those with visual, hearing, cognitive and motor impairments. Our efforts in that regard are ongoing. Many internet users can find websites difficult to use. We recognize that this is an important issue, and we are working to ensure that this website is accessible to all persons who wish to use it. Our efforts to improve this website in this regard are in process, so if you come across a page or feature you find inaccessible or difficult to use, please send your feedback to: Info@BrevardDesign.com
Digital Millennium Copy Right Act
Lee Brevard has adopted a policy on copyrighted work consistent with the Digital Millennium Copyright Act of 1998. We will remove material that is the subject of a compliant DMCA takedown notice. This policy will explain how to report copyright infringement or file a counter-notification pursuant to Section 512 of the DMCA.
If Lee Brevard determines you are a repeat copyright infringer, we reserve the right to terminate your account and your ability to submit content to our website. This determination is made in our sole judgment.
If you find content on our site that you feel infringes on your copyright, you may file a DMCA Takedown Notice with us. This notice should be submitted via email to Info@BrevardDesign.com and must be in English, and contain the following information:
- your address, telephone number, and email address;
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on our website, sufficient for Lee Brevard to locate the material;
- a statement by you that you understand that under 17 U.S.C § 512(f) you may be liable for any damages, including costs and attorneys' fees, if you knowingly and materially misrepresent that reported material or activity is infringing;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf.
You may also submit your DMCA Takedown Notice through regular mail by sending to the following address:
3435 Ocean Park Boulevard, Suite 107- 420
Santa Monica California 90405
Attn: Copyright Agent
You may wish to consult an attorney prior to filing a DMCA Takedown Notice, as misrepresenting that material infringes on your copyright may subject you to liability for damages, including costs and attorneys' fees incurred by the user that submitted the content.
If we receive a DMCA Takedown Notice, we will email a copy of the DMCA Takedown Notice to the user who submitted the subject content. Additionally, we will remove the subject content until the dispute is resolved or the DMCA process is complete.
If you receive a DMCA Takedown Notice and believe that your content was removed by mistake or misidentification, you may submit a Counter-Notice. This notice should be submitted via email to Info@BrevardDesign.com. Your email must be in English, and contain the following information:
- a physical or electronic signature of the user of the services;
- identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- a statement made under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
- the subscriber's name, address, telephone number, and a statement that the subscriber consents to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if the subscriber's address is outside of the United States, for any judicial district in which the service provider may be found, and that the user will accept service of process from the person who provided notification under 17 U.S.C. § 512(c)(3), or an agent of such person.
You may also submit your DMCA Takedown Notice through regular mail by sending to the following address:
3435 Ocean Park Boulevard, Suite 107- 420
Santa Monica California 90405
Attn: Copyright Agent
After you submit a Counter-Notice we will forward it to the person who submitted the DMCA Takedown Notice. After forwarding, if, within ten (10) days, we do not receive notice that the owner has filed an action seeking a court order to prevent further infringement, we may, in our sole discretion, reinstate the user's content which was subject to the DMCA Takedown Notice.
There are several factors we may consider in deciding whether to enforce a Takedown issue.
- The volume of complaints received.
- The amount of linked content in the complaints.
- Timespan between notices.
- Length of time the alleged infringer’s account had been active.
- The amount of total content the account had.
- Whether the user was maliciously and intentionally uploading infringing content without knowing the source; and
- Whether the takedown notices comply with DMCA.
Alloy Materials Disclosure
At Lee Brevard we are proud of our products, finishes and materials. We work hard to satisfy our client’s visions with materials from nature, i.e. ELEMENTAL materials.
ELEMENTAL materials, such as metals, vary in appearance, which lends them individual depth and complexity. We strive to create unique finishes on our jewelry. When combined with other Elements they become ALLOYS, with finishes that change over time with exposure to air, light and dirt, the oils, moisture and acidic nature of our skin, and general wear and tear. We believe these inevitable and attractive changes are part of the Lee Brevard “look”, and we hope you agree.
Alloys are inorganic materials that change in appearance over time. You will notice patinas, oxidation, and color shifts in your Lee Brevard jewelry.
While we strive to create samples for each piece that will closely resemble the finished surface of your piece, you understand that there is no exact science to how the appearance will change over time. Additionally, the way any surface looks changes when viewed - in sun, shade, under a cloudy sky, when wet, etc.
We will always do our best to create the finish you want, but we cannot guarantee exact results. The only guarantee we can give you is that the look of your finish will change over time - which we believe is part of the beauty of metal alloys in general, and of our jewelry in particular.
We do create metal mixtures (alloys) to cast or fabricate our jewelry. For example, we have pieces that are a proprietary mixture of gold, copper and tin. We have had no reports of any skin rash reactions to our metals, but we can always work something out with you if you experience a rare allergic reaction.
While we don’t expect this to happen, if you are unhappy with your finish, please tell us. We are always willing to explain to you the unique characteristics, and behavior of your finish, in an attempt to understand our unique vision. If this is necessary, we’ll schedule an appointment to determine a solution and quote you our fee for the work.