Terms of service

Welcome to buchanan-albert.com (the "Site"), the online home of Buchanan Albert ("Buchanan Albert", "we", "us" or "our"). These Terms of Service (the "Terms") form the agreement between you and Buchanan Albert whenever you visit the Site, create an account, place an order, or otherwise use any service we provide. Please read them carefully, because placing an order and proceeding through checkout confirms your acceptance of everything set out below. The Site and these Terms are intended for customers in the United States, which is the only market we currently serve and ship to.

If you do not agree with any part of these Terms, please do not use the Site.

1. Definitions

To keep these Terms easy to read, the following words have set meanings:

  • "Customer", "you" and "your" mean any person who visits or purchases from the Site.
  • "Goods" means any product offered for sale on the Site.
  • "Order" means any request you place through the Site to buy Goods.
  • "Content" means all text, images, photography, illustration, video, logos, code and other material shown on the Site.

2. Eligibility

By using the Site, you confirm that you are at least eighteen (18) years old, or that you are using it with the involvement and consent of a parent or legal guardian. Accounts created or Orders placed by minors without that consent are not authorised and may be cancelled at our discretion.

3. Account Registration

You may create a customer account to make future purchases easier. If you do, you are responsible for:

  • Providing accurate, current and complete information when you register
  • Keeping your login details confidential and secure
  • All activity that takes place under your account, whether or not you authorised it

We may suspend or close any account where we reasonably suspect fraud, a breach of these Terms, or misuse of our services.

4. Orders and Formation of Contract

When you submit an Order, you are making an offer to buy the Goods listed in it. No contract is formed until we send you a written order confirmation by email. We may decline or cancel any Order at our discretion, including where:

  • There is an error in the description, image or price of a product
  • We suspect fraud or unauthorised use of a payment method
  • The quantity you have requested is limited or unavailable
  • We are unable to ship to your delivery address

If we cancel an Order after payment has been taken, we will refund the full amount to your original payment method.

5. Product Information and Availability

We take reasonable care to describe and show every product accurately. Even so:

  • Photography may not reproduce exact colours, finishes or textures, because of differences between screens and lighting.
  • Stock levels can change quickly, and listing a product does not guarantee it is available when you place your Order.
  • We may withdraw, discontinue or change the specification of any product at any time, without prior notice.

6. Pricing and Taxes

All prices on the Site are shown in United States Dollars (USD) and do not include applicable taxes or delivery charges, which are calculated and shown at checkout. We work to keep prices accurate, but errors can happen. If we find a pricing error after you have placed an Order, we will contact you with the correct price and the choice of confirming the Order at that price or cancelling it for a full refund.

7. Payment

We accept the credit and debit cards shown at checkout, along with any other payment methods we make available from time to time. By submitting payment, you confirm that you are the rightful holder of the card or account used and that there are sufficient funds to cover the Order. Orders are not processed until payment has cleared, and we may cancel any Order where payment authorisation is declined.

8. Promotional Codes and Discounts

We may offer promotional codes, gift vouchers or other discounts from time to time. Unless we state otherwise:

  • Codes cannot be combined with other offers
  • Codes expire on the date stated and stop working afterwards
  • Codes are non-transferable and have no cash value
  • We may withdraw any promotion at any time, and refuse codes we believe have been obtained or used in breach of these Terms

9. Shipping and Delivery

Our handling times, carrier arrangements and estimated transit windows are set out in our Shipping Policy, which forms part of these Terms by reference. Any timeframe we give is an estimate offered in good faith and is not a binding commitment. We are not responsible for delays caused by events outside our reasonable control, including carrier disruption, severe weather, customs handling or other force majeure events.

10. Risk and Title

Title to and risk in the Goods pass to you when the carrier delivers the parcel to your delivery address, or to a person you have designated to receive it.

11. Returns, Refunds and Cancellations

The terms on which Goods may be returned, exchanged or cancelled are set out in full in our Return and Refund Policy, which forms part of these Terms by reference. We recommend reading it before you buy.

12. Electronic Communications

When you use the Site, place an Order, or email us, you agree to receive communications from us electronically, such as order confirmations, dispatch and service notices, and, where you have opted in, marketing emails. You agree that all agreements, notices and other communications we provide electronically meet any legal requirement that they be in writing.

13. Permitted Use of the Site

We grant you a limited, non-exclusive, non-transferable and revocable licence to access and use the Site for your own personal, non-commercial use.

14. Prohibited Conduct

You agree that you will not:

  • Use the Site for any unlawful, fraudulent or harmful purpose
  • Try to access areas of the Site, servers or networks you are not authorised to access
  • Reverse engineer, scrape, harvest or otherwise extract data from the Site by automated means
  • Interfere with, disrupt or place an unreasonable load on the Site or the systems behind it
  • Upload viruses, malware or any other harmful code
  • Impersonate any person or misrepresent your connection with anyone
  • Reproduce, redistribute or otherwise exploit any Content without our prior written permission

A breach of any of the above may result in immediate termination of your access to the Site, along with any other remedies available to us in law.

15. Intellectual Property

All Content on the Site, including the name Buchanan Albert, our logos, product names, photography, illustration, written copy and the design and layout of the Site itself, is owned by Buchanan Albert or its licensors and is protected by United States and international intellectual property laws. Nothing on the Site gives you any right or licence to use our intellectual property, whether by implication, estoppel or otherwise, except as expressly set out in these Terms.

16. User-Submitted Content

If you submit reviews, comments, photographs or any other material to the Site or to us, you grant us a worldwide, royalty-free, perpetual, irrevocable, transferable and sub-licensable licence to use, reproduce, modify, publish and display that material in connection with running and promoting our business. You confirm that anything you submit is your own work, does not infringe anyone else's rights, and is not unlawful, defamatory, obscene or otherwise objectionable. We may remove user-submitted content at our discretion.

17. Third-Party Links and Services

The Site may link to or integrate with services run by third parties. These are provided for your convenience only. We do not endorse, control or accept responsibility for the content, products or practices of any third-party site or service, and your dealings with those parties are governed by their terms, not ours.

18. Privacy

Our handling of personal information is governed by our Privacy Policy, which forms part of these Terms by reference. By using the Site, you confirm that you have read and understood it.

19. Disclaimer of Warranties

The Site, and all Content and Goods offered through it, are provided on an "as is" and "as available" basis. To the fullest extent the law allows, Buchanan Albert disclaims all warranties of any kind, whether express, implied, statutory or otherwise, including any implied warranties of merchantability, fitness for a particular purpose and non-infringement, and any warranties arising from a course of dealing or trade usage. We do not warrant that the Site will be uninterrupted, error-free, secure or free of harmful components.

20. Limitation of Liability

To the fullest extent the law allows, Buchanan Albert and its officers, employees, agents and affiliates will not be liable for:

  • Indirect, incidental, special, consequential, exemplary or punitive damages of any kind
  • Any loss of profits, revenue, data, goodwill or business opportunity
  • Any damages arising from your use of, or inability to use, the Site or any Goods bought through it
  • Any damages caused by events outside our reasonable control

Where liability cannot be excluded under applicable law, our total liability to you in connection with any single Order will not exceed the amount you paid for the Goods that gave rise to the claim. Nothing in these Terms excludes or limits any liability that cannot lawfully be excluded or limited, including liability for fraud or for death or personal injury caused by negligence.

21. Indemnification

You agree to indemnify, defend and hold harmless Buchanan Albert and its officers, employees, agents and affiliates from and against any claims, liabilities, damages, losses, costs and expenses (including reasonable legal fees) arising out of or connected with your breach of these Terms, your misuse of the Site or any Content, or your violation of any law or the rights of any third party.

22. Force Majeure

We are not liable for any failure or delay in meeting our obligations under these Terms where it results from events beyond our reasonable control, including acts of God, natural disasters, pandemics, war, civil unrest, government action, strikes, carrier or supplier failures, internet outages or cyber attacks.

23. Suspension and Termination

We may, at our discretion and without prior notice, suspend or end your access to the Site if we believe you have breached these Terms or acted in a way that could harm our business, our reputation or our other customers. Termination does not affect any rights or obligations that arose before it.

24. Dispute Resolution

Informal resolution.

Before starting any formal legal proceedings, you agree to first try to resolve any dispute informally by emailing us at customercare@buchanan-albert.com and explaining the issue. We will work with you in good faith to reach a resolution within thirty (30) days of receiving your notice.

Binding arbitration.

If a dispute cannot be resolved informally, you and Buchanan Albert agree that any claim arising out of or relating to these Terms or your use of the Site will be resolved by binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. The arbitration will be conducted in English, and judgment on the award may be entered in any court of competent jurisdiction.

Class action waiver.

To the extent the law allows, you and Buchanan Albert agree to bring any dispute only on an individual basis, and not as a plaintiff or class member in any class, collective or representative action.

25. Governing Law and Jurisdiction

These Terms are governed by and interpreted under the laws of the State of Delaware, United States, without regard to its conflict of laws rules. Where arbitration does not apply, you agree that the state and federal courts located in Delaware have exclusive jurisdiction over any dispute.

26. General Provisions

Entire agreement.

These Terms, together with the Privacy Policy, Shipping Policy and Return and Refund Policy, are the entire agreement between you and Buchanan Albert about your use of the Site, and replace any earlier agreements on the same subject.

Severability.

If any provision of these Terms is found invalid or unenforceable, the remaining provisions stay in full effect.

No waiver.

If we do not enforce a right or provision, that is not a waiver of it.

Assignment.

You may not assign or transfer your rights under these Terms without our written consent. We may assign ours freely.

Notices.

Notices to us should be sent in writing to customercare@buchanan-albert.com. Notices to you will be sent to the email address you gave at registration or checkout.

27. Changes to These Terms

We may update these Terms from time to time to reflect changes in our business, our services or the law. The current version will always be on this page with the most recent effective date. Continuing to use the Site after changes are posted means you accept the updated Terms.

Contact Us

Email: customercare@buchanan-albert.com

Support Hours: Monday to Friday, 8:00 AM to 3:00 PM EST.

We reply within 1 business day.

Address: 58 Water Street, Suite 252, New York, NY 10041