Terms of service
Terms of Service
Welcome to edwardarthur.com (the "Site"), operated by Edward Arthur ("Edward Arthur", "we", "us", or "our"). These Terms of Service (the "Terms") govern your access to and use of the Site and any purchase you make through it. By browsing the Site, creating an account, or placing an order, you agree to be bound by these Terms. The Site serves customers in the United States, the only market we currently sell and ship to.
If you do not agree with any part of these Terms, please do not use the Site.
1. Key Terms
Throughout these Terms:
- "You" and "your" mean any person who visits the Site or purchases from us.
- "Products" means any goods offered for sale on the Site.
- "Order" means a request you submit through the Site to purchase Products.
- "Content" means all text, photography, imagery, video, graphics, logos, code, and other material appearing on the Site.
2. Who May Use the Site
The Site is intended for adults. By using it, you confirm that you are at least eighteen (18) years of age, or that you are using the Site under the supervision and with the consent of a parent or legal guardian. We may cancel accounts or Orders created by minors without that consent.
3. Your Account
Creating an account is optional and makes future checkouts faster. If you create one, you agree to:
- Provide information that is accurate, current, and complete
- Keep your login details confidential and secure
- Accept responsibility for all activity that occurs under your account
We may suspend or close an account if we reasonably believe it has been used fraudulently, in breach of these Terms, or in a way that harms our business or other customers.
4. How Orders Work
Placing an Order is an offer to purchase. A contract between you and Edward Arthur is formed only when we send you an order confirmation by email. We reserve the right to refuse or cancel any Order at our discretion, including where:
- A Product's price, image, or description contained an error
- We suspect fraud or unauthorized use of a payment method
- The Product is unavailable or in limited supply
- We are unable to deliver to the address provided
If we cancel an Order after payment has been taken, we will refund the full amount to your original payment method.
5. Products, Descriptions, and Availability
We take care to present every Product accurately. That said:
- Colors, finishes, and textures may display differently from screen to screen, so photography is a faithful guide rather than an exact match.
- Availability changes constantly, and a Product appearing on the Site does not guarantee it is in stock at the moment you order.
- We may change, discontinue, or withdraw any Product at any time without notice.
6. Prices, Taxes, and Payment
All prices on the Site are shown in United States Dollars (USD) and exclude applicable taxes and shipping, which are calculated and displayed at checkout before you pay. We accept the payment methods shown at checkout. By submitting payment, you confirm that you are authorized to use the chosen payment method and that sufficient funds are available. Orders are processed once payment has cleared, and we may cancel any Order where payment authorization fails.
If we discover a pricing error after you have placed an Order, we will contact you and offer the choice of confirming the Order at the correct price or canceling it for a full refund.
7. Promotions and Discount Codes
From time to time we may offer promotional codes or other discounts. Unless we state otherwise:
- One code may be used per Order, and codes cannot be combined with other offers
- Codes expire on their stated date and cannot be extended
- Codes hold no cash value and cannot be transferred or resold
- We may withdraw a promotion at any time and may decline codes we believe were obtained or used improperly
8. Shipping and Delivery
Our processing times, shipping rate, and estimated transit windows are set out in our Shipping Policy, which forms part of these Terms by reference. Delivery timeframes are good-faith estimates, not guarantees, and we are not responsible for delays caused by circumstances outside our reasonable control, including carrier disruption and severe weather.
9. Title and Risk of Loss
Ownership of, and risk in, the Products pass to you when the carrier delivers your parcel to your shipping address, or to a person you have designated to receive it.
10. Returns, Refunds, and Exchanges
Returns, refunds, exchanges, and cancellations are governed by our Returns and Refunds Policy, which forms part of these Terms by reference. We encourage you to read it before ordering.
11. Electronic Communications
By using the Site or emailing us, you consent to receive communications from us electronically, including order confirmations, shipping notifications, service messages, and, where you have opted in, marketing emails. You agree that electronic communications satisfy any legal requirement that communications be in writing.
12. Using the Site
We grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Site for your own personal, non-commercial purposes.
13. What You May Not Do
You agree not to:
- Use the Site for any unlawful, fraudulent, or harmful purpose
- Attempt to access areas of the Site, our servers, or connected systems that you are not authorized to access
- Scrape, harvest, or extract data from the Site by automated means
- Interfere with the Site's operation or place an unreasonable load on our infrastructure
- Introduce viruses, malware, or any other harmful code
- Impersonate any person or misrepresent your affiliation with anyone
- Copy, republish, or commercially exploit any Content without our prior written consent
Breach of this section may result in immediate termination of your access to the Site, in addition to any other remedies available to us.
14. Our Intellectual Property
The Site and all Content, including the Edward Arthur name, our logos, photography, written copy, and the design and arrangement of the Site itself, are the property of Edward Arthur or our licensors and are protected by United States and international intellectual property laws. Except for the limited license in Section 12, nothing in these Terms grants you any right to use our intellectual property, whether by implication, estoppel, or otherwise.
15. Content You Submit
If you send us or post reviews, comments, photographs, or other material, you grant Edward Arthur a worldwide, royalty-free, perpetual, irrevocable, transferable, and sublicensable license to use, reproduce, adapt, publish, and display that material in connection with operating and promoting our business. You confirm that anything you submit is your own, does not infringe anyone else's rights, and is not unlawful, defamatory, or obscene. We may remove submitted material at our discretion.
16. Third-Party Links and Services
The Site may contain links to, or integrations with, websites and services operated by third parties. These are provided for convenience only. We do not control and are not responsible for their content, products, or practices, and your dealings with them are governed by their terms, not ours.
17. Privacy
Our collection and use of personal information are described in our Privacy Policy, which forms part of these Terms by reference. By using the Site, you confirm that you have read and understood it.
18. Disclaimers
The Site, the Content, and all Products are provided on an "as is" and "as available" basis. To the fullest extent permitted by law, Edward Arthur disclaims all warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement, and any warranties arising from course of dealing or usage of trade. We do not warrant that the Site will be uninterrupted, secure, error-free, or free of harmful components.
19. Limitation of Liability
To the fullest extent permitted by law, Edward Arthur and its officers, employees, agents, and affiliates will not be liable for:
- Indirect, incidental, special, consequential, exemplary, or punitive damages of any kind
- Loss of profits, revenue, data, goodwill, or business opportunity
- Damages arising from your use of, or inability to use, the Site or any Product purchased through it
- Damages caused by events outside our reasonable control
Where liability cannot be excluded, our total liability to you in connection with any single Order will not exceed the amount you paid for the Products in that Order. Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, including liability for fraud or for death or personal injury caused by negligence.
20. Your Responsibility to Us
You agree to indemnify, defend, and hold harmless Edward Arthur and its officers, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' 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.
21. Events Beyond Our Control
We are not liable for any failure or delay in performing our obligations under these Terms where it results from causes beyond our reasonable control, including natural disasters, pandemics, war, civil unrest, government action, labor disputes, carrier or supplier failures, internet or utility outages, and cyber attacks.
22. Suspension and Termination
We may suspend or terminate your access to the Site at any time, without prior notice, if we reasonably believe you have breached these Terms or acted in a way that could harm Edward Arthur, our customers, or our reputation. Termination does not affect any rights or obligations that arose before it.
23. Resolving Disputes
Talk to us first. Before starting any formal proceedings, you agree to contact us at hello@edwardarthur.com with a description of the dispute. 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 Edward Arthur 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, rather than in court. The arbitration will be conducted in English, and judgment on the award may be entered in any court of competent jurisdiction. Either party may instead bring an individual claim in small claims court if it qualifies for that forum.
Individual basis only. To the extent the law allows, you and Edward Arthur agree to bring disputes only on an individual basis, and not as a plaintiff or class member in any class, collective, or representative proceeding.
24. Governing Law
These Terms, and any dispute arising out of them, are governed by the laws of the State of New York, United States, without regard to its conflict of laws principles. Where arbitration does not apply, you agree that the state and federal courts located in New York County, New York have exclusive jurisdiction over any dispute, and you consent to the jurisdiction of those courts.
25. General Terms
- Entire agreement. These Terms, together with our Privacy Policy, Shipping Policy, and Returns and Refunds Policy, form the entire agreement between you and Edward Arthur regarding 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 continue in full force and 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 without restriction.
- Notices. Notices to us should be sent in writing to hello@edwardarthur.com. Notices to you will be sent to the email address you provided at checkout or registration.
26. Updates to These Terms
We may revise these Terms from time to time to reflect changes in our business, our services, or the law. The current version, with its effective date, will always be posted on this page. Continuing to use the Site after changes are posted means you accept the updated Terms.
Contact Us
Edward Arthur
Email: hello@edwardarthur.com
Support Hours: Monday to Friday, 9am to 5pm EST
Address: 108 Greenwich Street, Suite 204, New York, NY 10006
We respond to all inquiries within 1 business day.