TERMS


SECTION ONE

THIS DOCUMENT ONLY APPLIES TO THE 27 COUNTRIES WHO ARE MEMBERS OF THE EUROPEAN UNION THE NEW EUROPEAN UNION TERMS AND CONDITIONS OF TRADING ON THE INTERNET
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SECTION TWO
THE WORLDWIDE COMMUNITY TERMS AND CONDITIONS SUCH AS NORTH AMERICA, SOUTH AMERICA, AFRICA, ASIA, OCEANIA, AND ALL OTHER WORLDWIDE DESTINATIONS.
GO TO PAGE No 9 to start
__________________________________________________________________________________________

Brain Herbert Terms & Conditions for the EUROPEAN UNION membership Countries below only

1. Terms and Conditions

By using the Brian Herbert or any other website owned or operated by Brian Herbert (Brian Herbert website) you agree to be bound by these Terms and Conditions of use. If you do not agree with this policy, please do not use the Brian Herbert website. We reserve the right to change these Terms of Conditions. In whole or in part. At any time with a notice. You should always check these Terms and Conditions prior to using the Brian Herbert website. Your continued use of the Brain Herbert website following the posting of charges to these Terms of Conditions will signify your acceptance of those changes.

2. The International copyright law – The Berne Convention of the Paris Act 1971 reserved by the International © mark for the Copyright owner Brian Herbert for his artistic works, no part of this publication may be reproduced by any process. © Copyright.

The Brain Herbert e-commerce website is owned and operated by Brian Herbert (referred to as BRIAN HERBERT, ‘we’, ‘us’ and ‘our’). The contents of the Brian Herbert website are copyrighted under United Kingdom and the European Union copyright laws and under the laws of other countries. Except as stated herein. The International copyright law – The Berne Convention of the Paris Act 1971 reserved by the International © mark for the Copyright owner Brian Herbert for his artistic works, no part of this publication may be reproduced by any process. © Copyright. None of the material on the Brian Herbert e-commerce website may be copied, reproduced, displayed, posted or transmitted in any way whatsoever you may not use any material for any commercial purpose from this website. Modification of the material or use of the material for any other purpose is a violation of Brian Herbert’s copyright and other proprietary rights. ‘Brian Herbert’ and the other Brian Herbert trademarks. Trade names. Service marks and logos appearing in the Brian Herbert website are proprietary trademarks of Brian Herbert Products, Inc. And any of its subsidiaries. The use of any of our trademarks or any other content of the Brian Herbert e-commerce website, except as expressly provided in these Terms and Conditions of Use, is strictly prohibited.

3. Bulletin board and e-mail

Brain Herbert may offer features such as bulletin boards or e-mail functions as part of the Brian Herbert website (referred to as ‘Interactive Medium’). You may not submit any material, harassing, hateful, threatening, defamatory, profane, vulgar, indecent, harmful, obscene, abusive, pornographic, libellous, sexually explicit or otherwise objectionable that would constitute a criminal offence, give rise to civil liability, or otherwise violate any applicable law. Please do not submit any material that is protected by copyright, patent, or otherwise proprietary right without obtaining permission of the copyright or patent owner or right-holder. The Interactive Medium shall not be used for any commercial purpose. You will not submit any material to solicit funds or to promote, advertise, or solicit the sale of any goods or services. You are expressively prohibited from soliciting other guests of the Brian Herbert website to become members of any commercial online service or other organisation. Any information or material submitted by you to the Brian Herbert website through the interactive Medium will be deemed non-proprietary and non-confidential, and may be used by Brian Herbert without restriction. Without Limiting the foregoing, by offering information or material through the Brian Herbert website (e.g. through chat, bulletin boards, e-mail), you grant to Brian Herbert the worldwide, perpetual, royalty free, irrevocable, non-exclusive right and licence to use, modify, edit, publish, make derive works from and distribute such information or materials in any and all forms and media, now or hereafter discovered, notwithstanding the forgoing, all personal data (e.g. names, addresses and telephone numbers) provided to Brian Herbert will be handled in accordance with Brian Herbert security and privacy Statement. We reserve the right, in our sole discretion, to edit any submission, and to choose to include or not include such submission in the Interactive Medium. The Interactive Medium includes the options, statements and other contents of third parties. We are not responsible for screening, monitoring or verifying such content, including such contents accuracy, reliability or compliance with copyright or other laws, any opinions, statements or other contents expressed by third parties and not of Brian Herbert. Brian Herbert does not endorse any such opinion, statement or other material posted on or accessible through the Interactive Medium.

4. Intended audience

Unless otherwise specified, the materials in the site are presented solely for the purpose of promoting products available in the United Kingdom, and the European Union, and the World. Brian Herbert controls and operates this website from his offices located in the United Kingdom. Brian Herbert makes no representation that materials contained in this website are available for use in the locations. Those who choose to access this website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

5. Disclaimer

Brian Herbert website is provided ‘as is’ without warranties of any kind, either express or implied, including, but not to, implied of title, satisfactory quality and fitness for a particular purpose. Brian Herbert makes no representation or warranties as to the accuracy, reliability, timeliness or completeness of any material on or accessible through the Brian Herbert website. Any reliance on or use of such material shall be at your own risk. The Brian Herbert e-commerce website is provided under new European Union internet law which can into effect from the 1st March 2011 for the 27 twenty seven European Union Nations, for countries outside of the European Union, (go to page 9 Worldwide Terms and Conditions) Brian Herbert makes no representation or warranty that the Brian Herbert website will be available on a timely basis or will be uninterrupted or error free, that defects will be corrected, or that the Brian Herbert website or the servers that makes them available are free of viruses or other harmful components. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

6. Hyperlinks to or from other sites

Brian Herbert is not affiliated or associated with sponsors or producers of any third-party websites that hyperlink to or from the Brian Herbert websites. We explicitly disclaim any responsibility for the accuracy, content, or availability of information found on sites that link to or from the Brian Herbert websites from such third parties. If any of our customers come across a website claiming to represent Brian Herbert and his products, please inform Brian Herbert immediately at his email address. If it is found that a third part has infringed Brian Herbert’s copyright, action will be taken against such person or persons or companies. We cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from the Brian Herbert websites, since these third-party sites are owned and operated by independent retailers. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of, any of the information contained in such third-party sites. We do not make any representations or warranties, as to the security of any information (including, without limitation, credit card and related personal information, since all financial dealing with Brian Herbert are conducted through PayPal, we Brian Herbert do not hold any credit or any Debit card information, payment by PayPal secure server system carry out all the security transactions on behalf of Brian Herbert’s website customers.

7. Limitations of liability

In no event shall Brain Herbert be liable for any direct, indirect, incidental, special or consequential damages, arising out of the use of or inability to use the Brian Herbert website, even if Brian Herbert or a Brian Herbert authorised volunteer has been advised of the possibility of such damages. Applicable law not allowing the limitation or exclusion of liability or incident or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall Brian Herbert total liability to you for all damages, and causes of action (whether in contract, tort or otherwise) exceed the amount paid by you, if any, for using or accessing this site.

8. Indemnification

You will indemnify and hold Brian Herbert harmless from and against any claim or demand, including reasonable professional advisor’s fees, made by any third party due to or arising out of material or information you submit, post to or transmit through a interactive Medium, your use of the Brian Herbert website, your connection to the Brian Herbert website, your violation of the Terms and Conditions of Use, or your violation of any rights of another.

9. Miscellaneous

These Terms and Conditions of use shall be governed by and construed in accordance with British law and European Union laws without regard to its conflict of laws principles. You agree that any lawsuit arising out of or relating to these Terms and Conditions of Use shall be filed only in the courts located in Britain and you herby consent and submit to the jurisdiction of such courts for purposes of liability any such lawsuit, if any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provision. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties.

10. Shop Online – acceptance of orders

Brian Herbert has appointed PayPal to deal with his customers debit and credit card payments; PayPal will validate information that payments from customers have been accepted. Once this has been done, Brian Herbert will send you an e-mail to confirm that your order has been accepted. Our acceptance of your order brings about a legally binding agreement between us. All orders are subject to availability and if your order cannot be fulfilled our Substitution Policy comes into effect. Payment will be debited to your account before dispatch of your order. PayPal accepts the following debit cards: Master Card Credit, Master Card Debit, Maestro, Solo, Visa, Visa Debit and Visa Electron on behalf of Brian Herbert African Wildlife Artist. All cardholders are subject to a validation check and authorisation by card issuer, if your card issuer refuses to authorise payment we will not be liable for delay or non-delivery we Brian Herbert do not hold any Credit or any Debit card information, payment by PayPal secure server payment system carry out all the security transactions on behalf of Brian Herbert’s website customers.

11. The European Union – Refund & postal deliveries policy

Brian Herbert has included all the postage and packaging within the sale price of the goods. Brain Herbert will arrange our deliver postal agent for customers within the European Union to have your parcel delivered within a maximum of 30 calendar days from signing the contract. Brian Herbert the trader and the postal agent bears the risk and the cost of any deterioration or destruction/loss of the goods until the moment the consumer receives the goods.

The consumer is entitled to a refund as soon as possible and no later than 7 days from the date of delivery. Once confirmation has been received from our postal agent’s point of delivery, postal agent for example in Holland or the UK. The customer is entitled to this 7 day cooling off period in which they can return the goods.

12. Shop online – pricing

Brian Herbert has taken care to ensure prices shown in the Shop Online section of the website are accurate. However, prices may change from time to time and the correct price will be applied when you select an item, add it to your shopping basket and proceed to the check out, Prices shown include, where applicable.

13. Shop Online – substitutions policy

In the event that the products you have ordered are not available, we will contact you as quickly as possible either by telephone e-mail or by post, depending on the information you have supplied to us and your preferred method of communication, we will ask you to select one of the following ways to proceed with your order. Accept an alternative product, which we have recommended because it is similar in the subject of African Wildlife which Brian Herbert the African Wildlife Artist specialises in, as a substitute for the missing product. This product will be added to your order in place of the unavailable item, and will be invoiced in its own right at its own price.

14. Privacy Policy

Brian Herbert is committed to protecting the privacy of every individual who visits our website, communicating with us or purchasing our products online. The information you give us is used to process your orders and to provide you with an efficient and personal shopping experience.

Our Private Policy helps you to understand what Brian Herbert will collect and how the information will be used.

We will collect and process your personal information in accordance with the Data Protection Act 1998 and any other applicable legislation as amended from time to time.

15. How we collect your personal information

We will only collect personal information from you if you specifically and knowingly provided such information to us for example:-

  • To fulfil an order or provide you with your account details
  • When you purchase Brian Herbert products through the website
  • When you request Brian Herbert to send e-mail or text communications with product information

If you use the internet ordering system, whether as a direct customer, we will identify you and keep a record of any transactions undertaken through that system. That information is used to manage your account and process any order you make.

16. Sharing of information with third parties

To fulfil your requirements we may need to give essential personal details to a third party, for example, our delivery agents. We may also use the information we collect to notify you about new products and important changes to the website, or for other marketing purposes we think you’ll be interested in, important changes to the website, or for other marketing purposes we think would interest you.

17. Using your personal information

If you provide us with personal information, we may retain and use the information for the following purpose:
To store and process the information to better understand your needs and how we can improve our products and services.

To retain the information about your previous purchases in order to customise our website services for your future visits to the site.

To use your e-mail address to send you information about new products, or other items of interest. To retain certain information for invoices and delivery purposes.

Wherever you provide personal information about yourself you will see the information padlock symbol. This is an official symbol of the Data Protection Commission/National Consumer Council, and it is there to alert you to the fact that your information is being collected. (You can click on the symbol at any time to return to this page for more information). All your data will be stored securely for the duration of your relationship with us and for and for 2 years thereafter.

18. Sharing of information with third parties

If you become a customer, we may need to give essential details to an authorised third party. Examples include fulfilling orders, delivery of your orders, analysing data, and marketing assistance. We may also use the information to notify you about new products and special offers we think you’ll be interested in, important changed to the website, or for other marketing purposes we think would interest you.

We may also provide your personal information to authorised third parties if we are under a legal obligation to do so or in order to enforce or apply our Terms and Conditions.

19. How we protect your information

We are aware that you may be concerned about the privacy and confidentiality of your personal information, including credit cards and debit cards, all card payments will be taken by PayPal secure server, and delivery address information; therefore we have taken precautions to ensure that this information is safe and secure. If you are registered with us, your online account information is protected by a password and we recommend that you do not disclose this information to any other person.

Brian Herbert takes the security of your data very seriously as such some of our Website is protected using a technology called Secure Sockets Layer (SSL). On these pages your personal information is automatically encrypted before being sent over the internet. (You should note that the device you use to connect to the internet must be equipped with Microsoft Internet Explorer 4 (or later) or Netscape Navigator 4 (or later) in order to use this technology). Your data is then stored securely for the duration of your relationship with us and for 2 years thereafter.

20. Use of Cookies on our site

A cookie is a text-only string of information that a website transfers to the cookie file of the browser on your computer’s hard disk so that the website can remember who you are. A cookie typically contains the name of the domain from which the cookie has come, the ‘lifetime’ of the cookie, and a value, which is usually a randomly generated unique number.

We use two types of cookies on our website: Session cookies – temporary cookies that remain in the cookie file of your browser until you leave the site. Persistent cookies – remain in the cookie file of your browser for much longer (though how long will depend on the lifetime of the specific cookie). Cookies can help a website to arrange content to match your preferred interests more quickly. Most major websites use cookies. Cookies cannot be used by themselves to identify you.

21. Use of Web Beacons

Some of our web pages may contain electronic images known as web beacons (sometimes known as clear gifs) that allow us to count users who have visited these pages.

Web beacons collect only information which includes a cookies number, time and date of a page view, and a description of the page on which the web beacon resides.

22. Disabling/Enabling Cookies

You have the ability to accept or decline cookies by modifying the settings in your browser. However, you may not be able to use all the interactive features of our site if cookies are disabled.

In order to change your browser settings for cookies, follow these instructions:

1.) In your browser, select the tools menu
2.) From the tools menu, select Internet Options
3.) A dialogue box appears, select the Privacy tab
4.) Select the level of privacy you wish to set
5.) Click Apply and Ok

23. Links to other sites

If you link to or from our website to an independently owned and operated third-party site we cannot ensure the protection of any personal information that you provide. Third-party sites may have their own privacy and data collection policies that are beyond our control. Any personal information that you provide to third-party sites will be regulated by their privacy policy, if they have one. Brian Herbert can assume no responsibility or liability whatsoever for the practises, actions or polices of these third-party sites, and cannot be responsible for the content or privacy practises of such sites. The Brian Herbert website has a link from Facebook.

24. How you can help protect yourself when ordering online

No data transmission over the internet will be 100% secure. While we take steps to protect your personal information, we cannot guarantee the security of any information you transmit to us and you do so at your own risk. Upon receiving your transmission, we make commercially reasonable efforts to ensure its security on our systems. You are ultimately responsible for maintaining the secrecy of your username, passwords and/or any account information.

25. Keep your information secret:

  • Do not let anyone else know your password
  • Never write your password down
  • Never e-mail your password – to us or anyone else
  • Never let anyone see what you’re keying in, especially in a public place
  • Always log-off when you’ve completed your transactions
  • Tell us immediately if you become aware of any potential security problem

SECTION TWO
THIS DOCUMENT APPLIES TO THE WORLDWIDE COMMUNITY SUCH
AS
NORTH AMERICA
SOUTH AMERICA
AFRICA
ASIA
OCEANIA
AND
ALL OTHER WORLDWIDE DESTINATIONS.
BRIAN HERBERT TERMS AND CONDITIONS
OF
TRADING ON THE INTERNET
Brain Herbert WORLDWIDE Terms & Conditions

26. Terms and conditions

By using the Brian Herbert or any other website owned or operated by Brian Herbert (Brian Herbert website) you agree to be bound by these Terms and Conditions of use. If you do not agree with this policy, please do not use the Brian Herbert website. We reserve the right to change these Terms of Conditions. In whole or in part. At any time with or without notice. You should always check these Terms and Conditions prior to using the Brian Herbert website. Your continued use of the Brain Herbert website following the posting of charges to these Terms of Conditions will signify your acceptance of those changes.

27. The International copyright law – The Berne Convention of the Paris Act 1971 reserved by the International © mark for the Copyright owner Brian Herbert for his artistic works, no part of this publication may be reproduced by any process. © Copyright.

The Brain Herbert e-commerce website is owned and operated by Brian Herbert (referred to as BRIAN HERBERT, ‘we’, ‘us’ and ‘our’). The contents of the Brian Herbert website are copyrighted under United Kingdom and the European Union copyright laws and under the laws of other countries. Except as stated herein. The International copyright law – The Berne Convention of the Paris Act 1971 reserved by the International © mark for the Copyright owner Brian Herbert for his artistic works, no part of this publication may be reproduced by any process. © Copyright. None of the material on the Brian Herbert e-commerce website may be copied, reproduced, displayed, posted or transmitted in any way whatsoever you may not use any material for any commercial purpose from this website. Modification of the material or use of the material for any other purpose is a violation of Brian Herbert’s copyright and other proprietary rights. ‘Brian Herbert’ and the other Brian Herbert trademarks. Trade names. Service marks and logos appearing in the Brian Herbert website are proprietary trademarks of Brian Herbert Products, Inc. And any of its subsidiaries. The use of any of our trademarks or any other content of the Brian Herbert e-commerce website, except as expressly provided in these Terms and Conditions of Use, is strictly prohibited.

28. Bulletin board and e-mail

Brain Herbert may offer features such as bulletin boards or e-mail functions as part of the Brian Herbert website (referred to as ‘Interactive Medium). You may not submit any material, harassing, hateful, threatening, defamatory, profane, vulgar, indecent, harmful, Indecent, obscene, abusive, pornographic, Libellous, sexually explicit or otherwise objectionable that would constitute a criminal offence, give rise to civil liability, or otherwise violate any applicable law. Please do not submit any material that is protected by copyright, patent, or otherwise proprietary right without obtaining permission of the copyright or patent owner or right-holder. The Interactive Medium shall not be used for any commercial purpose. You will not submit any material to solicit funds or to promote, advertise, or solicit the sale of any goods or services. You are expressively prohibited from soliciting other guests of the Brian Herbert website to become members of any commercial online service or other organisation. Any information or material submitted by you to the Brian Herbert website through the interactive Medium will be deemed non-proprietary and non-confidential, and may be used by Brian Herbert without restriction. Without Limiting the foregoing, by offering information or material through the Brian Herbert website (e.g. through chat, bulletin boards, e-mail), you grant to Brian Herbert the worldwide, perpetual, royalty free, irrevocable, non-exclusive right and licence to use, modify, edit, publish, make derive works from and distribute such information or materials in any and all forms and media, now or hereafter discovered, notwithstanding the forgoing, all personal data (e.g. names, addresses and telephone numbers’) provided to Brian Herbert will be handled in accordance with Brian Herbert security and privacy Statement. We reserve the right, in our sole discretion, to edit any submission, and to choose to include or not include such submission in the Interactive Medium. The Interactive Medium includes the options, statements and other contents of third parties. We are not responsible for screening, monitoring or verifying such content, including such contents accuracy, reliability or compliance with copyright or other laws, any opinions, statements or other contents expressed by third parties and not of Brian Herbert. Brian Herbert does not endorse any such opinion, statement or other material posted on or accessible through the Interactive Medium.

29. Intended audience

Unless otherwise specified, the materials in the site are presented solely for the purpose of promoting products available in the United Kingdom, the European Union, and the World. Brian Herbert controls and operates this website from his offices located in the United Kingdom. Brian Herbert makes no representation that materials contained in this website are available for use in the locations. Those who choose to access this website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

30. Disclaimer

Brian Herbert website is provided ‘as is’ without warranties of any kind, either express or implied, including, but not to, implied of title, satisfactory quality and fitness for a particular purpose. Brian Herbert makes no representation or warranties as to the accuracy, reliability, timeliness or completeness of any material on or accessible through the Brian Herbert website. Any reliance on or use of such material shall be at your own risk. The Brian Herbert e-commerce website is provided for countries outside of the European Union, Brian Herbert makes no representation or warranty that the Brian Herbert website will be available on a timely basis or will be uninterrupted or error free, that defects will be corrected, or that the Brian Herbert website or the servers that makes them available are free of viruses or other harmful components. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

31. Hyperlinks to or from other sites

Brian Herbert is not affiliated or associated with sponsors or producers of any third-party websites that hyperlink to or from the Brian Herbert websites. We explicitly disclaim any responsibility for the accuracy, content, or availability of information found on sites that link to or from the Brian Herbert websites from such third parties. If any of our customers come across a website claiming to represent Brian Herbert and his products, please inform Brian Herbert immediately at his email address. If it is found that a third part has infringed Brian Herbert’s copyright, action will be taken against such person or persons or companies. We cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from the Brian Herbert websites, since these third-party sites are owned and operated by independent retailers. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of, any of the information contained in such third-party sites. We do not make any representations or warranties, as to the security of any information (including, without limitation, credit card and related personal information, since all financial dealing with Brian Herbert are conducted through PayPal, we Brian Herbert do not hold any credit or any Debit card information, PayPal carry out all the security transactions on behalf of Brian Herbert’s website customers).

32. Limitations of liability

In no event shall Brain Herbert be liable for any direct, indirect, incidental, special or consequential damages, arising out of the use of or inability to use the Brian Herbert website, even if Brian Herbert or a Brian Herbert authorised volunteer has been advised of the possibility of such damages. Applicable law not allowing the limitation or exclusion of liability or incident or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall Brian Herbert total liability to you for all damages, and causes of action (whether in contract, tort or otherwise) exceed the amount paid by you, if any, for using or accessing this site.

33. Indemnification

You will indemnify and hold Brian Herbert harmless from and against any claim or demand, including reasonable professional advisor’s fees, made by any third party due to or arising out of material or information you submit, post to or transmit through a interactive Medium, your use of the Brian Herbert website, your connection to the Brian Herbert website, your violation of the Terms and Conditions of Use, or your violation of any rights of another.

34. Miscellaneous

These Terms and Conditions of use shall be governed by and construed in accordance with British Law and without regard to its conflict of laws principles. You agree that any lawsuit arising out of or relating to these Terms and Conditions of Use shall be filed only in the courts located in Britain and you herby consent and submit to the jurisdiction of such courts for purposes of liability any such lawsuit, if any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provision. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties.

35. Shop Online – acceptance of orders

Brian Herbert has appointed payment by PayPal to deal with his customers debit and credit card payments; PayPal will validate information that payments from customers have been accepted. Once this has been done, Brian Herbert will send you an e-mail to confirm that your order has been accepted. Our acceptance of your order brings about a legally binding agreement between us. All orders are subject to availability and if your order cannot be fulfilled our Substitution Policy comes into effect and we will contact you for your refund, once that has taken place you may reorder another Print to your liking. Payment will be debited to your account before dispatch of your order. PayPal accepts the following debit cards, Master Card Credit, Master Card Debit, Maestro, Solo, Visa, Visa Debit and Visa Electron on behalf of Brian Herbert African Wildlife Artist. All cardholders are subject to a validation check and authorisation by card issuer, if your card issuer refuses to authorise payment we will not be liable for delay or non-delivery we Brian Herbert do not hold any Credit or any Debit card information, PayPal carry out all the security transactions on behalf of Brian Herbert’s website customers.

36. Worldwide – Refund – postal deliveries policy such as Africa, the Americas, Asia, Oceania and all worldwide destinations

Brian Herbert has included all the postage and packaging costs within the sale price of the goods. Brian Herbert will arrange our delivery postal agents for customers outside of the European Union such as Africa, North America, South America, Asia, Oceania and all other worldwide destinations. To have your parcel delivered within a maximum of 30 calendar days from signing the contract.

Brian Herbert the trader and the postal agent bares the risk and the cost of any deterioration or destruction/loss of the goods until the moment the consumer receives the goods. Brian Herbert and my postal agents fail to fulfil our obligations to deliver, refunds made at discretion of management, the consumer is entitled to a refund as soon as possible and no later than 12 days from the date of delivery, refunds. Once confirmation has been received from our postal agent’s point of delivery postal agent for example in the United States of America or Australia.

37. Shop online – pricing

Brian Herbert has taken care to ensure prices shown in the Shop Online section of the website are accurate. However, prices may change from time to time and the correct price will be applied when you select an item, add it to your shopping basket and proceed to the check out, Prices shown include, where applicable.

38. Shop Online – substitutions policy

In the event that the products you have ordered are not available, we will contact you as quickly as possible either by telephone e-mail or by post, depending on the information you have supplied to us and your preferred method of communication, we will ask you to select one of the following ways to proceed with your order. Accept an alternative product, which we have recommended because it is similar in the subject of African Wildlife which Brian Herbert the African Wildlife Artist specialises in, as a substitute for the missing product. This product will be added to your order in place of the unavailable item, and will be invoiced in its own right at its own price.

39. Privacy Policy

Brian Herbert is committed to protecting the privacy of every individual who visits our website, communicating with us or purchasing our products online. The information you give us is used to process your orders and to provide you with an efficient and personal shopping experience.

Our Private Policy helps you to understand what Brian Herbert will collect and how the information will be used.
We will collect and process your personal information in accordance with the Data Protection Act 1998 and any other applicable legislation as amended from time to time.

40. How we collect your personal information

We will only collect personal information from you if you specifically and knowingly provided such information to us for example:-

  • To fulfil an order or provide you with your account details
  • When you purchase Brian Herbert products through the website
  • When you request Brian Herbert to send e-mail or text communications with product information

If you use the internet ordering system, whether as a direct customer, we will identify you and keep a record of any transactions undertaken through that system. That information is used to manage your account and process any order you make.

41. Sharing of information with third parties

To fulfil your requirements we may need to give essential personal details to a third party, for example, our delivery agents. We may also use the information we collect to notify you about new products and important changes to the website, or for other marketing purposes we think you’ll be interested in, important changes to the website, or for other marketing purposes we think would interest you.

42. Using your personal information

If you provide us with personal information, we may retain and use the information for the following purpose:

To store and process the information to better understand your needs and how we can improve our products and services.

To retain the information about your previous purchases in order to customise our website services for your future visits to the site.

To use your e-mail address to send you information about new products, or other items of interest.

To retain certain information for invoices and delivery purposes.

Wherever you provide personal information about yourself you will see the information padlock symbol. This is an official symbol of the Data Protection Commission/National Consumer Council, and it is there to alert you to the fact that your information is being collected. (You can click on the symbol at any time to return to this page for more information).

All your data will be stored securely for the duration of your relationship with us and for and for 2 years thereafter.

43. Sharing of information with third parties

If you become a customer, we may need to give essential details to an authorised third party. Examples include fulfilling orders, delivery of your orders, analysing data, and marketing assistance. We may also use the information to notify you about new products and special offers we think you’ll be interested in, important changed to the website, or for other marketing purposes we think would interest you.

We may also provide your personal information to authorised third parties if we are under a legal obligation to do so or in order to enforce or apply our Terms and Conditions.

44. How we protect your information

We are aware that you may be concerned about the privacy and confidentiality of your personal information, including credit cards and debit cards, all card payments will be taken by PayPal secure server, and delivery address information; therefore we have taken precautions to ensure that this information is safe and secure. If you are registered with us, your online account information is protected by a password and we recommend that you do not disclose this information to any other person.

Brian Herbert takes the security of your data very seriously as such some of our Website is protected using a technology called Secure Sockets Layer (SSL). On these pages your personal information is automatically encrypted before being sent over the internet. (You should note that the device you use to connect to the internet must be equipped with Microsoft Internet Explorer 4 (or later) or Netscape Navigator 4 (or later) in order to use this technology). Your data is then stored securely for the duration of your relationship with us and for 2 years thereafter.

45. Use of Cookies on our site

A cookie is a text-only string of information that a website transfers to the cookie file of the browser on your computer’s hard disk so that the website can remember who you are. A cookie typically contains the name of the domain from which the cookie has come, the ‘lifetime’ of the cookie, and a value, which is usually a randomly generated unique number.
We use two types of cookies on our website:

Session cookies – temporary cookies that remain in the cookie file of your browser until you leave the site.

Persistent cookies – remain in the cookie file of your browser for much longer (though how long will depend on the lifetime of the specific cookie).

Cookies can help a website to arrange content to match your preferred interests more quickly. Most major websites use cookies. Cookies cannot be used by themselves to identify you.

46. Use of Web Beacons

Some of our web pages may contain electronic images known as web beacons (sometimes known as clear gifs) that allow us to count users who have visited these pages.
Web beacons collect only information which includes a cookies number, time and date of a page view, and a description of the page on which the web beacon resides.

47. Disabling/Enabling Cookies

You have the ability to accept or decline cookies by modifying the settings in your browser. However, you may not be able to use all the interactive features of our site if cookies are disabled.

In order to change your browser settings for cookies, follow these instructions:

1. In your browser, select the tools menu
2. From the tools menu, select Internet Options
3. A dialogue box appears, select the Privacy tab
4. Select the level of privacy you wish to set
5. Click Apply and Ok

48. Links to other sites

If you link to or from our website to an independently owned and operated third-party site we cannot ensure the protection of any personal information that you provide. Third-party sites may have their own privacy and data collection policies that are beyond our control. Any personal information that you provide to third-party sites will be regulated by their privacy policy, if they have one. Brian Herbert can assume no responsibility or liability whatsoever for the practises, actions or polices of these third-party sites, and cannot be responsible for the content or privacy practises of such sites.

49. How you can help protect yourself when ordering online

No data transmission over the internet will be 100% secure. While we take steps to protect your personal information, we cannot guarantee the security of any information you transmit to us and you do so at your own risk. Upon receiving your transmission, we make commercially reasonable efforts to ensure its security on our systems. You are ultimately responsible for maintaining the secrecy of your username, passwords and/or any account information.
50. Keep your information secret:

  • Do not let anyone else know your password
  • Never write your password down
  • Never e-mail your password – to us or anyone else
  • Never let anyone see what you’re keying in, especially in a public place
  • Always log-off when you’ve completed your transactions
  • Tell us immediately if you become aware of any potential security problem