Terms & Conditions

Terms of Use

  1. Acceptance of Terms

Welcome to Xander&Bow. We provide the Xander&Bow Service to you, subject to these Terms of Use.

This page (together with the documents referred to on it) tells you the terms of use on which you may make use of the Xander&Bow site (the xanderandbow.com Site) and the Xander&Bow Service. Please read these Terms of Use carefully before you start to use the Xander&Bow Site. By using the Xander&Bow Site, you indicate that you accept these Terms of Use and that you agree to abide by them. If you do not agree to these Terms of Use, please refrain from using the Xander&Bow Site.

Here are the meanings of the abbreviations and specific terms we use in these Terms of Use:

"Content" has the meaning given in clause 8.

"Rules" has the meaning given in clause 8.

"Xander&Bow Service" means the online resources and functions provided by us through the Xander&Bow Site.

"Software" has the meaning given in clause 20.

"We" or "us" means The Makers & Me Ltd.

"You" means the individual using the Xander&Bow Site or the Xander&Bow Service.

We may change these Terms of Use from time to time without notice to you. Some of the provisions contained in these Terms of Use may also be superseded by provisions or notices published elsewhere on the Xander&Bow Site. You are expected to check this page and the rest of the Xander&Bow Site from time to time to take notice of any such changes, provisions or notices, as they are binding on you.

 

  1. Information about Us

Xander&Bow is a site operated by The Makers & Me Ltd. The Makers & Me Ltd is registered in England & Wales under company number 09430598 and has its registered office at 117 Overslade Lane, Rugby, CV22 6EE, UK.

 

  1. Accessing Our Site

Access to the Xander&Bow Site is permitted on a temporary basis, and we reserve the right to withdraw or amend the Xander&Bow Site or the Xander&Bow Service at any time without notice. We will not be liable if for any reason either the Xander&Bow Site or the Xander&Bow Service is unavailable at any time or for any period.

 

  1. Description of Service

Through the Xander&Bow Service, we provide users with access to a collection of online resources, including:

Images

A platform for uploading personalised images; and

The tools and ability to use those images to design order and pay for custom made products including Fashion, homeware and technology accessories.

Unless stated otherwise, any new features that are added to the Xander&Bow Site or the Xander&Bow Service are automatically subject to these Terms of Use.

You acknowledge and agree that the Xander&Bow Site and the Xander&Bow Service are provided "as is" and that we assume no responsibility for the timeliness, deletion, or unavailability of either of them for any reason.

You are responsible for making all arrangements necessary for you to have access to the Xander&Bow Site. You are also responsible for ensuring that all persons who access the Xander&Bow Site through your internet connection are aware of these Terms of Use, and that they comply with them.

 

  1. Your Obligations and Supervising Children

You agree that when using the Xander&Bow Site or the Xander&Bow Service, you will provide true, accurate, current and complete information about yourself as prompted by the Xander&Bow Site or the Xander&Bow Service (as the case may be).

If you provide any information that is untrue, inaccurate, out of date or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, out of date or incomplete, we have the right to refuse any and all current or future use of the Xander&Bow Site and/or the Xander&Bow Service (in whole or in part).

We are concerned about the safety and privacy of all our customers and users of the Xander&Bow Site and the Xander&Bow Service, particularly children. For this reason, parents who wish to allow their children access to the Xander&Bow Site or the Xander&Bow Service should assist them and supervise their access to the Xander&Bow Site or the Xander&Bow Service. By allowing your child access to the Xander&Bow Site or the Xander&Bow Service, you accept that they will be able to access all of the Xander&Bow Site and the Xander&Bow Service.

Please remember that the Xander&Bow Site and the Xander&Bow Service are designed to appeal to a broad audience. Accordingly, as legal guardian of your child, it is your responsibility to determine whether any of the Content is appropriate for him or her. Children who are using the Xander&Bow Service should be made aware of the potential risks to them and their obligation to comply with these Terms of Use when using the Xander&Bow Site and the Xander&Bow Service.

 

  1. Security and Privacy Policies and Use Of “Cookies”

We implement a variety of security measures to maintain the safety of your personal information when you place an order or enter, submit, or access your personal information. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. In addition, please note that emails, messages sent via your web browser, and other similar means of communication with us are not encrypted. We strongly advise you not to communicate any confidential information through these means. Therefore, while we strive to protect your information, we cannot guarantee its security.


Changes to this Privacy Policy - If we decide to change our privacy policy, we will post those changes to this privacy statement, the home page, and other places we deem appropriate so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. Please check this Privacy Policy frequently and particularly before you submit additional information via the site.


We reserve the right to change this Privacy Policy from time to time and in our sole discretion, except where prior notice or consent is required by law. If we make material changes to this policy, we will notify you here, by email, or by means of a notice on our home page.


The Makers & Me Ltd may provide third party artwork for incorporation into The Makers & Me Ltd Goods and products. The Makers & Me Ltd either owns that artwork or has licensed the right to use that artwork for incorporation into The Makers & Me Ltd products. Use of such artwork on the site for any other purpose is prohibited. Reproduction of any artwork from The Makers & Me Ltd products or from the site is prohibited.


Your Consent - by using our site, you consent to our web site privacy policy.

  1. User Conduct

Whenever you make use of a feature that allows you to upload material to the Xander&Bow Site, you must comply with the Content standards set out in these Terms of Use. You warrant that any such material will comply with those standards (and in particular, but without limitation, will not constitute a Prohibited Use (as that term is defined later in these Terms of Use)), and you fully and personally indemnify us in relation to any breach of that warranty.

You acknowledge that all information, data, text, photographs, graphics, messages and other materials uploaded to the Xander&Bow Site or transmitted by any person in connection with the Xander&Bow Service ("Content"), are the sole responsibility of the person from whom such Content originated. This means that you and not us are entirely responsible for all Content that you upload via the Xander&Bow Site or the Xander&Bow Service. We do not control the Content uploaded via the Xander&Bow Site or the Xander&Bow Service and, as such, do not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will we be liable in any way for any Content, including, but not limited to any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content uploaded otherwise transmitted via the Xander&Bow Site or the Xander&Bow service.

We have the right to disclose your identity to any third party who claims that any Content uploaded by you to the Xander&Bow Site constitutes a breach of their intellectual property rights, or of their right to privacy.

You agree to not use the Xander&Bow Site or the Xander&Bow Service to:

  • Upload or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, vulgar, obscene, libellous, defamatory, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable
  • Harm children in any way
  • Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Xander&Bow Site or the Xander&Bow Service
  • Upload or otherwise transmit any Content that you do not have a right to upload or transmit under any law or under contractual or fiduciary relationships (such as "inside information", proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements)
  • Upload or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party
  • Upload or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Xander&Bow Site or the Xander&Bow Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges
  • Interfere with or disrupt the Xander&Bow Site or the Xander&Bow Service or servers or networks connected to the Xander&Bow Site or the Xander&Bow Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Xander&Bow Site or the Xander&Bow Service
  • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age
  • Advocate, promote, incite any third party to commit, or assist any unlawful or criminal act
  • Publish a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism, (collectively referred to as the "Prohibited Uses").

You acknowledge that we have no obligation to monitor or moderate Content. We will not be responsible as author, editor or publisher of any Content submitted by you and we expressly exclude any liability for any loss or damage arising from the use of the Xander&Bow Site or the Xander&Bow Service by any person for any of the Prohibited Uses or otherwise in contravention of these Terms of Use.

We shall have the right (but not the obligation) in our sole discretion to refuse, move or remove any Content that is available via, or uploaded to, the Xander&Bow Site or the Xander&Bow Service (as applicable) that breaches these Terms of Use or which we deem to be potentially defamatory of any person, unlawful or in breach of any third party’s rights. You agree that you must evaluate, bear all risks associated with, and fully and personally indemnify us against any liability associated with, your use or uploading of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

 

  1. Breach of These Terms Of Use

When we consider that a breach of these Terms of Use has occurred, we may at our discretion take such action as we deem appropriate. Any carrying on of any Prohibited Use constitutes a material breach of these Terms of Use, and may result in us taking all or any of the following actions:

  • Immediate, temporary or permanent withdrawal of your right to use the Xander&Bow Site or the Xander&Bow Service.
  • Issue of a warning to you.
  • Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
  • Further legal action against you.
  • Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

If you breach these Terms of Use by using the Xander&Bow Site or the Xander&Bow Service for a Prohibited Use, we will have no obligation to fulfil any order you may have placed with us and you accept that you will forfeit any money paid to us in the submitting of that order.

We exclude our liability for all action we may take in response to breaches of these Rules. The actions described above are not limited, and we may take any other action we reasonably deem appropriate.

 

  1. Reliance on Information Posted

Commentary and other materials posted on the Xander&Bow Site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the Xander&Bow Site, or by anyone who may be informed of any of its contents.

We make no warranty as to the accuracy, reliability, suitability or currency of the information on the Xander&Bow Site. We urge you to seek independent advice before acting on any information contained in the Xander&Bow Site.

 

  1. Special Terms for International Use

Recognising the global nature of the Internet, you agree to comply with all local laws and rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside.

 

  1. Indemnity

You agree to indemnify and hold us and our Related Parties (as that term is defined in the Companies Act 1993), officers, employees and contractors harmless from any claim or demand made by any third party or any damages, costs, losses (including, without limitation, exemplary damages, loss of profits or consequential loss) and expenses of any kind, whether direct or indirect, which arise from or in connection with any Content you submit or transmit through the Xander&Bow Site or the Xander&Bow Service, your use of the Xander&Bow Site or the Xander&Bow Service, your connection to the Xander&Bow Site or the Xander&Bow Service, your breach of these Terms of Use, or your breach of any rights of any third party, or your act, omission or negligence.

 

  1. No Resale of Service

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Xander&Bow Site the Xander&Bow Service or Xander&Bow Products, use of the Xander&Bow Site, Xander&Bow Service or Xander&Bow Products, or access to the Xander&Bow Site or the Xander&Bow Service.

 

  1. Modifications to Service

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Xander&Bow Site or the Xander&Bow Service (in whole or in part) with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Xander&Bow Site or the Xander&Bow Service.

 

  1. Links from Our Sites

We may provide, or third parties may provide, links to other websites or resources through the Xander&Bow Site. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

 

  1. Linking To Our Site

You may link to our Xander&Bow 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.

Our site must not be framed on any other site, nor may you create a link to any part of the Xander&Bow Site other than the home page. We reserve the right to withdraw linking permission without notice.

The website from which you are linking must comply in all respects with the Content standards set out in these Terms of Use.

If you wish to make any use of material on the Xander&Bow Site other than that set out above, please address your request to help@xanderandbow.com

 

  1. Xander&Bow Proprietary Rights

You acknowledge and agree that the Xander&Bow Site or the Xander&Bow Service and any necessary software used in connection with the Xander&Bow Site or the Xander&Bow Service ("Software") contain proprietary and confidential information of The Makers & Me Ltd that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in information presented to you through the Xander&Bow Site, the Xander&Bow Service or the Software is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorised by us, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Xander&Bow Site or the Xander&Bow Service or the Software, in whole or in part.

You agree not to access the Xander&Bow Service by any means other than through the interface that is provided by us for that purpose on the Xander&Bow Site.

You must not use any part of the materials on the Xander&Bow Site for commercial purposes without obtaining a licence to do so from us or our licensors.

 

  1. Legal Notices

You expressly acknowledge and agree that:

  • Your use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis. Subject to our Refund Policy to the fullest extent permitted by applicable law, The Makers & Me Ltd and third parties connected to The Makers & Me Ltd expressly disclaim all warranties, conditions and other terms of any kind, whether expressed or implied, including, but not limited to any implied term of merchant ability, satisfactory quality, fitness for a particular purpose, and any term as to the provision of the Xander&Bow Site or the Xander&Bow Service to a standard of reasonable care and skill or as to non-infringement of any intellectual property right;
  • We make no warranty or representation that: (i) the Xander&Bow Site or the Xander&Bow Service will meet your requirements; (ii) the Xander&Bow Site or the Xander&Bow Service will be uninterrupted, timely, secure, or error-free; (iii) the results that may be obtained from the use of the Xander&Bow Site or the Xander&Bow Service will be accurate or reliable; (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Xander&Bow Site or the Xander&Bow Service will meet your expectations; or (v) any errors in the Software will be corrected.
  • Downloading or otherwise obtaining any material through the use of the Xander&Bow Site or the Xander&Bow Service is done at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. and
  • No advice or information, whether oral or written, obtained by you from us or through or from the Xander&Bow Site or the Xander&Bow Service shall create any warranty or other obligation on our part that is not expressly stated in these Terms of Use.
  • Information you enter into our booking forms may be collected and stored briefly by us so that we may contact you in relation to the nature of your enquiry/attempted transaction, even if you don't confirm the transaction. This may be used to send operational emails to enquire as to why the transaction was not completed. We will not use this data for any other purpose, we won't store it for longer than necessary and we certainly won't share it with any other company. Our aim is simply to provide you with the highest level of service that we can.
  • Images uploaded through our sites and images of products produced by us may be used at times for promotional purposes including but not limited to advertising

 

  1. Limitation of Liability

You expressly acknowledge and agree that The Makers & Me Ltd and third parties connected to The Makers & Me Ltd shall not be liable for:

  • Any direct, indirect, incidental, special, consequential or exemplary damages, costs, losses, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Xander&Bow Site or the Xander&Bow Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Xander&Bow Site or the Xander&Bow Service; (iii) unauthorised access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Xander&Bow Site or the Xander&Bow Service; or (v) any other matter relating to the Xander&Bow Site or the Xander&Bow Service.
  • Any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

The above does not affect our liability for death or personal injury arising from our negligence, or our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Xander&Bow Site or the Xander&Bow Service of these Terms of Use must be filed within 1 year after such claim or cause of action arose.

 

  1. Viruses, Hacking and Other Offences

You must not misuse the Xander&Bow Site by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful to the Xander&Bow Site, the Xander&Bow Service or any of our interests. You must not attempt to gain unauthorised access to the Xander&Bow Site, the server on which the Xander&Bow Site is stored or any server, computer or database connected to the Xander&Bow Site. You must not attack the Xander&Bow Site via a denial-of-service attack or a distributed denial-of service attack.

In the event of any breach of this clause 23, your right to use the Xander&Bow Site and the Xander&Bow Service will cease immediately.

We will not be liable for any cost, loss or damage caused or incurred 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 Xander&Bow Site or the Xander&Bow Service or to your downloading of any material posted on the Xander&Bow Site, or on any website linked to it.

 

  1. Ethical Trading Policy

At Xander&Bow we believe strongly in ethical principles and good stewardship.  We are therefore proud to guarantee that we trade according to the following Ethical Trading Criteria:

  • All employment is freely chosen.
  • All staff are entitled to belong to trade unions and collective bargaining is respected, to the extent permitted by local law.
  • Working conditions are safe and hygienic.
  • Child labour is not used.
  • Wages are fair and comparable to other retailers and wherever possible exceed the minimum wage.
  • Deductions from wages as a disciplinary measure shall not be permitted.
  • Working hours are not excessive.
  • No discrimination is practiced.
  • Regular employment is provided for those who are employed on a permanent contract.
  • No harsh, cruel or degrading treatment or practices are allowed.
  • No bribery, corruption, blackmailing or bullying is permitted.
  • Good environmental stewardship is practiced.
  • Suppliers and buyers are both free to sell and buy from any number of other businesses or outlets.  No restrictions, as a way of guaranteeing business, are allowed.

 

  1. Vouchers, Discounts and Offers

Unless otherwise specified, only one voucher can be used per transaction and cannot be used in conjunction with any other discount or offers.

 

  1. Notice

Notices to you may be made via either email or regular mail. Our site may also provide notices of changes to these Terms of Use or other matters by displaying notices or links to notices to you generally on the Xander&Bow Site.

 

  1. Trademark Information

Xander&Bow, the Xander&Bow logo and product and service names are trademarks owned by The Makers & Me Ltd. You agree not to display or use such marks, logos and/or branding without our prior express written permission.

 

  1. Copyrights & Copyright Agents

We respect the intellectual property of others, and we ask users of the Xander&Bow Site and the Xander&Bow Service to do the same. If you believe that any of your intellectual property rights have been infringed on the Xander&Bow Site or in connection with the Xander&Bow Service, please contact us to report the problem.

 

  1. Promotions & Delivery Times

Delivery times vary depending on the product - please see delivery information on specific product pages. On these pages only standard delivery times are shown.

If ordering via a promotion from a company other than Xander&Bow, please see the terms and conditions specified on that promotion as dispatch times may vary.

 

  1. General Information

These Terms of Use constitute the entire agreement between you and us and govern your use of the Xander&Bow Site and the Xander&Bow Service, superseding any prior agreements between you and us. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software.

These Terms of Use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England & Wales.

The England & Wales courts will have exclusive jurisdiction over any claim arising from, or related to, the Xander&Bow Site or the Xander&Bow Service, although we retain the right to bring proceedings against you for breach of these Terms of Use in your country of residence or any other relevant country.

Any failure by us to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect.

Neither you nor us may assign or transfer any rights or obligations under these Terms of Use without the prior written consent of the other party.

The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.

 

 

  1. Use of Cookies

“Cookies” are text-only pieces of information that a web site transfers to an individual’s hard drive or other web site-browsing equipment for record-keeping purposes. Cookies allow the Website to remember important information that will make your use of the site more convenient.
 Like most web sites, we use cookies for a variety of purposes in order to improve your online experience, for analytics and for marketing, but specifically we use Cookies on the Website for the following purposes:


Analytical Purposes: We may use Cookies to analyse user activity in order to improve the Website. For example, using Cookies we can look at aggregate patterns like the average number of searches that users perform. We can use such analyses to gain insights about how to improve the functionality and user experience of the Website.
Your Preferences: We may use Cookies to store certain user preferences on our Website. For example, we may store the recent searches you have performed in a Cookie so that we can allow you to easily repeat those searches when you return to our Website.
Marketing: We may use Cookies for marketing purposes. Cookies may allow us to display promotional material to you on other sites you visit across the Internet.
Referral Tracking: We use Cookies to associate user activity with the third party web site that referred a user to our Website. Some third-party partner web sites may receive credit for the activity of users they refer to our Website. We do not share any personal information or information about individual user activities with these partner entities.


“Session Cookies” are temporary cookies that remain in the cookie file of your browser until you leave the Website.
“Persistent Cookies” remain in the cookie file of your browser for much longer (although how number of visitors to our Website. This is done on an anonymous aggregate basis (as cookies do not in themselves carry any personal data). We may also employ cookies so that we remember your computer when it is used to return to our website to help customize your web experience. We may associate personal information with a cookie file in those instances.

 Use the options in your web browser if you do not wish to receive a cookie or if you wish to set your browser to notify you when you receive a cookie. You can easily delete any cookies that have been installed in the cookie folder of your browser.


 Changes to our Cookie Policy: from time to time, it may be necessary for us to change this cookie policy. We suggest that you check here periodically for any changes to our policy.

  1. Breaches

Please report any breaches of these Terms of Use by using the contact pages throughout the Xander&Bow Site.

 

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