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Terms of Service

We want your consumer experience here at Take Cover! Creations to be pleasant and positive and we aim to consistently provide the highest standard of customer service. Should you be unhappy with your experience or have a problem with a product or service, please contact us, we will do everything we can to rectify the issue.

This website offers visitors aviation, military, and wartime vintage-themed merchandise and gifts. Below are details covering the terms and conditions applicable to using and viewing Take Cover! Creations website.

This website is operated by Take Cover! Creations. Throughout the site, the terms “we”, “us” and “our” refer to Take Cover! Creations.
Take Cover! Creations offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By accessing or using the website of our service, you approve that you have read, understood, and agree to be bound by these Terms. By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Our store is hosted on Wix.com Ltd. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

 

1. Cancellations and returns

You may cancel an order before dispatch or return it for any reason within 14 days commencing from the day after receipt of goods. If you wish to cancel, return or exchange an order, please contact us via e-mail or telephone first. Return postage is paid for by you, the customer, you will be refunded any postage paid at the time of original purchase. Products should be undamaged and returned in appropriate packaging to avoid damage. Postage should be via recorded delivery or signed-for service, please ensure that you obtain proof of postage. Payment will be refunded within 14 days of the returned goods being received by Take Cover! Creations. If you are returning specially commissioned work, commission fees will not be refunded.
 

2. Damaged or faulty goods

We meticulously check our products for faults and package our goods ready for dispatch with great care and attention, however, we accept sometimes things can go wrong and an item may, unfortunately, arrive damaged by one of our delivery companies. If upon arrival the package clearly appears damaged, we advise you not to sign for it or alternatively write on the delivery note that the package is damaged. If possible, please provide a photograph of the damage, this will help us dispute the issue with our delivery company. Please do not open the damaged package and contact us within 3 days of receipt either by e-mail or telephone. Please detail the nature of the damage and if you would prefer a refund or replacement goods. If you believe your item is defective or faulty, you must contact us within 28 days of dispatch either by e-mail or telephone. Please detail the nature of the fault and if you would prefer a refund or replacement goods.
 

3. Purchases, pricing and payment

When buying an item, you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process. The prices we charge for using our services / for our products are listed on the website. We reserve the right to change our prices for products displayed at any time and to correct pricing errors that may inadvertently occur. Additional information about pricing and is available on the payments page. Payments are securely processed by Wix (SSL Certificated) and PayPal. No goods will be dispatched until full payment has been received.

We reserve the right to remove special offers and discount codes without notice. Only one offer may be used at one time unless otherwise stated. We reserve the right to cancel and refund an order where the customer has registered multiple email addresses in order to access single-use discount codes more than once. 

Prices for our products are subject to change without notice. Prices on our website may differ from pricing on other channels in which we sell, such as our physical pop-up stall at events. In addition to this, sales and promotions that appear on one channel may not be available on this channel. The duration of sales and promotions may also be different between various channels.

4. Accuracy of billing and account information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers, and expiration dates so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

5. Copyright and intellectual property

All the content presented on this website is protected by copyright and may not be used in any format. Our own products, such as our aircraft silhouette-designed frames are copyrighted to Take Cover! Creations 2017. GSGS material used is 50+ years old and used under Crown Copyright compliance. Goods sold by us which are manufactured by other companies such as COBI, Motormax, and Easy Model are copyrighted to their respective owners and any third-party logos and designs are used under licence by their respective owners. You may not copy and use any media from this website, including descriptive text, video or graphic design of a physical or digital nature. 

Purchase of any product from this website DOES NOT convey any rights, in respect of image copyright, to the purchaser to use the product image(s) for any use other than its intended purpose, including but not restricted to –

 

  1. All sales are strictly for personal use only.

  2. Image/design copying for any use other than posting a picture of the entire purchase as notice of purchase on social media.

  3. Use of any image/design part in any derivative form.

  4. Resale in any form other than the sale of the original purchase as a second hand, non-commercial i.e. personal use only transaction.
     

6. Limitation of liability

To the maximum extent permitted by applicable law, Take Cover! Creations assume no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of our service and products.
 

7. Promotional emails and content

You agree to receive from time to time promotional messages and materials from us by email or any other contact form you may provide us with. If you don't want to receive such promotional materials or notices – please just notify us at any time. 
 

8. Prohibited use and right to suspend or cancel user account

We may permanently or temporarily terminate or suspend your access to the website/services without notice and liability for any reason, including if in our sole determination you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to cancel your account at any time. We will not accept obscene, abusive, or spamming messages/contact in any form and this may lead to account deletion.

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
 

9. Accuracy, completeness and timeliness of information

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

10. Omissions, error and inaccuracies

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

 

11. Retention of right to change offering

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
 

12. Third party links

Certain content, products, and services available via our Service may include materials from third parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

13. Feedback, user comments and submissions

If at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.

Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.

 

14. Disclaimer of warranties; limitation of liability

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure, or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Take Cover! Creations, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

 

15. Indemification

You agree to indemnify, defend and hold harmless Take Cover! Creations and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third-party.
 

16. Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
 

17. Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

18. Entire agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
 

19. Governing law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Dogdyke Road, Coningsby, Lincolnshire, LN4 4TE, United Kingdom.
 

20. Changes to terms and service

You can review the most current version of the Terms of Service at any time on this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
 

21. Contact information

Questions about the Terms of Service should be sent to us at info@takecovercreations.com


 

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