Terms & Conditions
Beechwood Street Productions, LLC (“http://www.thedriverssociety.com/”) owns and operates this Website. This document governs your relationship with www.thedriverssociety.com (“Website”). Access to and use of this Website and the products and services available through this Website (collectively, the "Services") are subject to the following terms, conditions and notices (the "Terms of Service"). By using the Services, you are agreeing to all of the Terms of Service, as may be updated by us from time to time. You should check this page regularly to take notice of any changes we may have made to the Terms of Service.
Access to this Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services without notice. We will not be liable if for any reason this Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of this Website.
You must not misuse this Website. You will not: commit or encourage a criminal offense; transmit or distribute a virus, trojan, worm, logic bomb or any other material which is malicious, technologically harmful, in breach of confidence or in any way offensive or obscene; hack into any aspect of the Service; corrupt data; cause annoyance to other users; infringe upon the rights of any other person's proprietary rights; send any unsolicited advertising or promotional material, commonly referred to as "spam"; or attempt to affect the performance or functionality of any computer facilities of or accessed through this Website. Breaching this provision would constitute a criminal offense and www.thedriverssociety.com will report any such breach to the relevant law enforcement authorities and disclose your identity to them.
We will not be liable for any loss or damage caused 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 this Website or to your downloading of any material posted on it, or on any website linked to it.
Intellectual Property, Software and Content
The intellectual property rights in all software, product designs and content (including photographic images of products, images used on the website to create the look and feel and reproduction images of art works) made available to you on or through this Website remains the property of www.thedriverssociety.com or its licensors (as known) and are protected by copyright laws and treaties around the world. All such rights are reserved by www.thedriverssociety.com and its licensors (as known). You may store, print and display the content supplied solely for your own personal use. You are not permitted to publish, manipulate, distribute or otherwise reproduce, in any format, any of the content or copies of the content supplied to you or which appears on this Website nor may you use any such content in connection with any business or commercial enterprise.
Terms of Sale
By placing an order, you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price. Dispatch times may vary according to availability and subject to any delays resulting from postal or shipping service delays or force majeure for which we will not be responsible.
In order to contract with www.thedriverssociety.com you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us.
www.thedriverssociety.com retains the right to refuse any request made by you. If your order is accepted, we will inform you by email and we will confirm the identity of the party which you have contracted with. This will usually be www.thedriverssociety.com or may in some cases be a third party.
Where a contract is made with a third party www.thedriverssociety.com is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you. When placing an order, you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign and domestic products and services may fluctuate. All prices advertised are subject to such changes.
(a) Our Contract
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us will not be formed until we send you confirmation by e-mail that the goods which you ordered have been dispatched to you. Only those goods listed in the confirmation e-mail sent at the time of dispatch will be included in the contract formed.
(b) Product Identification
We classify our products and services into categories depending on availability, time to produce, special design or materials requirements or sale status. The following is a list of product classifications that we may reference on our website.
- In Stock Items - Products that we have for sale as part of our standard offering. Currently these include Belts, Jewelry, Scarves + Pocket Squares.
- Photographic Prints - Artwork produced on an as ordered basis on metal or paper in limited edition runs for each image.
- Bespoke Items - Limited production items that are the same product design but each example may not be exactly alike. Differences may occur in individual product details or the materials used for production.
- Special Order Items - Products that have unique designs or they are made using special or unique materials. These products are produced at specific request of a purchaser. The product(s) may be one-of-a-kind or a limited, not to be repeated series.
- Sale, Clearance, Closeout - Products being sold at a cost lower than the previously established full retail price.
(c) Pricing and Availability
While we try and ensure that all details, descriptions and prices which appear on this Website are accurate, errors may occur. If we discover an error in the description and/or price of any goods which you have ordered, we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund.
Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Total Cost'.
Upon receiving your order, there is a standard authorization check on your payment card to ensure there are sufficient funds to fulfill the transaction. Your card will be debited upon authorization being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been dispatched and you have been sent a confirmation email the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email.
All products being shipped to a Massachusetts address will be required to pay 6.25% state sales tax as well as any applicable local sales tax that is required by the individual city or town in the State of Massachusetts where the purchase is shipped. All customs, taxes and fees incurred on international orders are the responsibility of the purchaser or their agent and are to be paid by the purchaser or their agent prior to or when the order is delivered.
Disclaimer of Liability
The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law www.thedriverssociety.com and its suppliers, content providers and licensees hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect www.thedriverssociety.com 's liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
Linking to this Website
You may link to our 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. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
Disclaimer as to ownership of trademarks, images of personalities and third party copyright except where expressly stated to the contrary all persons (including their names and images), third party trade marks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with www.thedriverssociety.com and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trade mark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to www.thedriverssociety.com.
Links on this Website
www.thedriverssociety.com may from time to time contain links to outside services or resources, the content of which www.thedriverssociety.com does not control. Any concerns regarding linked content should be directed to the particular outside service or resource. www.thedriverssociety.com reserves the right to remove any linked content that is found unacceptable at any time. Removal of unacceptable links may be made without warning.
You agree to indemnify, defend and hold harmless www.thedriverssociety.com, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use of this Website or your breach of the Terms of Service.
www.thedriverssociety.com shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.
Squarespace, Inc. (“Squarespace”) as well as all of the suppliers and licensees to www.thedriverssociety.com are third party beneficiaries of www.thedriverssociety.com. These Terms in their entirety also apply to Squarespace as well as all of the suppliers and licensees to www.thedriverssociety.com.
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceable of any other part of the Terms of Service will not be affected by all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments. You can send us an email to firstname.lastname@example.org.
Services and products are provided by www.thedriverssociety.com on an “as is” basis without warranties of any kind. By using my Services you acknowledge that your use is at your own risk. www.thedriverssociety.com is not responsible for any damages or injuries of any kind relating to your use of Services provided by www.thedriverssociety.com.
From time to time www.thedriverssociety.com will offer promotions to customers. These will be referred to as "special offers" or "special offer". This can be a promotional activity associated with a purchase. These offers may be for a limited time only. www.thedriverssociety.com has the right to change these special offers at any time without prior notice.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and www.thedriverssociety.com. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director of www.thedriverssociety.com.
Last Updated December 14, 2016