Terms and Conditions

Please take the time to read these Terms and Conditions (“Terms”) before using, visiting, viewing, purchasing from or accessing Deer and Sparrow, www.deerandsparrow.com, and its sub-domains, affiliated sites and Deer and Sparrow’s pages and accounts on Facebook, Instagram, Pinterest, Youtube, Tiktok and Etsy (“Website”/”Site”/“Websites”/”Sites”).

The Sites and all of the audio, visual and written resources and information contained therein, including but not limited to blog posts, designs, documents, e-mails received from Deer and Sparrow and/or Judith Cupples, email lists and sequences, courses, coaching services, recordings, templates, contracts, forms, guides, e-books, workbooks, website materials, products and tools (“Contents, Services, and/or Products”) are owned by Deer and Sparrow Cupples / Judith Cupples (“We”, “Us” Our”).

These terms apply to all Users, Visitors, Viewers, Subscribers, Clients, and/or Customers of our Sites (“User”, “You”, and/or “Your”) and govern your use of, access to, and/or purchase from our Sites.

YOUR CONSENT

By using, visiting, viewing, downloading, purchasing and/or accessing our Contents, Services, and/or Products, you are consenting and agreeing to be bound by these Terms.

You further warrant and acknowledge to reading these Terms or at the very least, had the opportunity to read them and chose not to do so.

You represent and warrant that you are at least 18 years of age.

If you do not agree to ALL of these Terms, you are prohibited from using, visiting, viewing, downloading, purchasing or accessing any of our Contents, Services and/or Products.

RULES THAT APPLY TO OUR SITES

When you use, visit, view, download, purchase from and/or access our Sites, you agree:

Not to harm, stalk, defame, threaten, offend, harass, abuse or violate the privacy or legal rights of another person through or on our Sites.
Not to post, upload distribute, publish or disseminate any names, materials or information that is considered inappropriate, defamatory, obscene, unlawful or indecent.
Not to use our site in any way that will cause damage to us, our Site, or any of our users.
Not to send unsolicited emails to our users.
Not to transmit or post any unwanted or unsolicited content for the purpose of promoting or selling your products or services.
Not to upload any files that contain viruses or worms that may destroy our operations or that of another user.
Not to transmit, share, download, copy or post any content that infringes our intellectual property rights and that of other persons.
Not to use any of our Content, Services and/or Products to violate any laws or regulations.

We reserve the right to disclose any materials you posted or information you provided in our Sites, in order to comply with any legal or governmental requests.

PERSONAL INFORMATION

In order to download or purchase our Contents, Services and/or Products, you may be required to provide personal information about yourself including but not limited to your name, email address, billing address, payment details and other personal information. Any identifiable information that you provide us is governed by our Privacy Policy which you can access here.

You agree to give only your own complete, accurate, correct and up to date information. In case of errors, you agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates.

You shall not create a false identity or sign an agreement as someone else when using, visiting, viewing, downloading, purchasing and/or accessing our Sites.

While we strive to protect your personal information, no data transmission over the web can be guaranteed to be 100% secure. You agree that we cannot warrant the security of any information you transmit via the internet. When you transmit any personal information, you do so at your own risk.

USERNAME AND PASSWORD

When you access our membership areas, you will need to create a user account that entails the submission of a username or password. You agree to protect you own username and password and to keep it confidential.

We reserve the right to terminate your access to any of our Contents, Services, and/or Products, without refund, in case you share your username or password or if we have reasonable grounds to suspect that you shared your username or password for purposes of allowing anyone person, group or individual, to have access to our Services, and/or Products.

DISCLAIMERS

Testimonials, Feedback and Positive Reviews are but examples

The testimonials, reviews, opinions, and statements presented on our Sites are applicable to the individuals depicted. They are but examples and there is no guarantee that you will achieve the exact same Product or Service that you purchased.

While we strive to achieve consistent quality, our Products are handmade and therefore, there may be minor deviations from those displayed in our Site.

The testimonials displayed are given verbatim, except for correction of grammatical or typographical errors. Some have been shortened in the event that the testimonial is lengthy, or if the entire testimonial did not seem relevant for the general public.

Fair Use Notice

We are aware that allowance is made for “fair use” for purposes such as criticism, comment, news reporting, scholarship, teaching and research.

We do not own all our Contents and it is possible that we used content that are owned by another person or entity. All rights and credit go directly to the rightful owners. We do not intend to infringe on the copyrights of others.

If you wish to use copyrighted material from our Site for purposes of your own, beyond “fair use”, you must obtain permission from us or the copyright owner.

Product Disclaimer

Actual product color, texture or size may vary from the images shown in our website. Every monitor or mobile display has a different capability to display colors, texture or size and every individual may see these descriptions differently. In addition, lighting conditions at the time the photo was taken can also affect an image's color, texture or size.

The Product Descriptions contained on our Sites may have errors. We do not warrant that the descriptions are entirely accurate, current or error-free. We cannot guarantee that the color, texture or size you see accurately portrays the true color, texture or size of the product.

Opinions that you find on our Site are those of the authors

The views and opinions expressed on our Site are those of the authors and do not necessarily reflect the official policy or position of Judith Cupples and/or Deer and Sparrow Cupples. Any content provided by our guest bloggers, authors or speakers are their opinion.

Our views or opinions in our Site are personal and do not reflect the ideas, ideologies, or points of view of any organisation we may be affiliated with, in professional or personal capacity, unless explicitly stated.

Any views or opinions are not intended to malign any religion, ethnic group, club, organisation, company or individual.

We do not make any representations as to the accuracy or completeness of any opinion expressed on Our Sites.

We will not be liable for losses, injuries, or damages from the display or use of these opinions.

Our Sites may contain Affiliate Links

Our Sites may include Third Party and Affiliate links. If you click or purchase something from the said link, we may earn a commission.

We do not guarantee the safety of any third-party Links found in our Sites. We have no control over and assume no responsibility for the content, services, courses, products, privacy policies or practices of any third-party links. Proceed at your own risk.

Use your discretion when using products or services we endorse

Once in a while, our Site may feature sponsored posts for Products and Services that we tried. We will only provide a truthful evaluation of such Product and/or Services. However, we make no warranties, guarantees or representations as to the success, effectiveness, or safety of said Products and/or Services. Use them at your own risk.

We do not guarantee or warrant any of our Contents, Services and/or Products

While every effort is made by Us to ensure that accurate information is disseminated in our Sites, we make no representation about the Contents, Services and/or Products and their suitability to any and every purpose.

Our Contents, Services and/or Products are provided “as is” and without express or implied warrant.

Any representation or warranty that might be otherwise implied is expressly disclaimed, including but not limited to implied warranties of merchantability and fitness for any particular purpose, and all warranties arising from course of performance, course or dealing or usage in trade.

We do not warrant that the Contents, Services and/or Products we provide are complete, reliable, current or error free. Neither do we warrant the accuracy, completeness or reliability of any Third-Party Links or services that you may find on our Sites. Any reliance you place on said Links, Contents, Services and/or Products is therefore strictly at your own risk.

You alone are Personally Responsible for your Actions

You acknowledge that you voluntarily used, viewed, purchased, subscribed to, downloaded from or accessed our Sites, Contents, Services and/or Products. You alone are responsible for your choices, actions, and inactions. You agree to use your own judgment and due diligence before implementing any idea, suggestion, or recommendation from our Sites.

You agree that we are not liable to you or any third party

To the fullest extent permitted by applicable laws, you agree that we are not liable to you or others in any way or for any direct, indirect, special, incidental, consequential or punitive damages or claims, arising out of your use, visit, subscription to, download from, purchase from or access of our Sites, Contents, Services, and/or Products, including but not limited to, liability or damages caused by viruses contained in electronic files in our Sites or any linked Sites, loss of income or profit or projected profit, loss or damage to property, claims of third parties, or your inability to access or Sites.

You hereby release, forgive, forever discharge Deer and Sparrow Cupples and/or Judith Cupples, our employees, agents, contracts and subcontracts, from any and all claims including those related to personal or business interruptions, misapplication or information.

You agree that your sole remedy with respect to any claim arising out of your use of our Sites, Contents, Services, and/or Products is to cease using them.

WORKING HOURS

Our working hours are from Monday until Friday, from 9:00 AM until 6:00 PM. We do not answer emails, messages or calls outside our working hours. We likewise do not answer emails, messages or calls during Public Holidays and announced Vacation/temporary closure.

PROMPT COMMUNICATIONS

All queries or clarifications from us regarding your order must be promptly responded to within five (5) days from the time we sent the communication.

In case we don’t get a response, we will try to send reminder emails twice. If we do not receive a reply after the reminder emails were sent, we will assume that you do not want to proceed with your order and will terminate it immediately. No refunds for any amounts paid will be entertained in case we terminate the order in accordance with this provision.

PLACING ORDERS AND ACCEPTANCE

You can place an order from our website, through Etsy, by giving us a call or by popping into one of our pop-up store/market stands.

Order acceptance takes place upon the dispatch of your order/products.

Please contact us at judith@deerandsparrow.com in case you will be placing a personalized or custom order.

Before processing your custom order, we will inform you if we approved your request and specifications. Once we give the approval, any further revisions of the design or specification will be charged a revision fee which should be paid before we proceed with processing your order.

REVISIONS

We want to make sure that you will receive your Order on time. Hence, we are only allowing a maximum of two (2) revision requests for customized orders. These Revisions must be communicated to us in accordance with Communication Policy outlined above.

Further revisions will be charged an extra revision fee. We reserve the right not to follow any instructions for revision that was communicated in violation of the said Communication Policy.

RUSH ORDERS

Rush Orders must meet the minimum purchase amount. Please contact us first at info@deerandsparrow before placing orders that need to be dispatched sooner than our usual shipping timeline.

PAYMENT TERMS

When you Download or Purchase any of our Services, and/or Products, you may use a Credit Card, Paypal or Online Banking, TWINT or Over the Counter Payment.

You give us permission to automatically charge your credit card for payment and you will receive your receipt via email following your Purchase. This receipt should be retained for your records.

In case you elect to pay in installments, you give us permission to automatically charge each installment on the payment method you used, without asking your permission. The amount and dates when each installment is due are agreed upon at checkout.

In case your payment method is declined, we will give you a grace period of five (5) days to settle your account. After which, you will automatically lose access to any of our Services, or Products you purchased, without refund of payments already made. The total or full cost of your Purchase is still due, and you remain responsible in settling it despite your payment method being declined.

We do not entertain, tolerate or accept threat or actual chargeback from your credit card company placed on your purchase or download of any of our Services, and/or Products.

Should you request for a chargeback, we reserve the right to report you to all credit card reporting agencies (CRA) or to any other entity for inclusion in any chargeback or delinquent account database.

Our report which includes your name, e-mail address and billing address, could negatively impact your credit score/credit report.

You can only have the report removed by contacting us at judith@deerandsparrow.com and arranging for the payment of any outstanding payment.

SHIPPING POLICIES

We use Swisspost to ship all orders. Normally, and except for rush and custom orders, we will ship within five (5) business days from the time we confirmed your order. We will choose the Economy Shipping option, or if selected on checkout the Priority option. You accept that we do not have any control over the delivery schedule of Swisspost and other carriers we may use.

INTERESTS AND REMINDER FEES

In case of non-payment of any fees or charges due, we shall attempt to send reminder mails.

We will impose a reminder fee of CHF 15.00 per reminder mail sent on top of the outstanding fees.

We will also impose interests in accordance with the prevailing interest rates.

We reserve the right to change delivery and dispatch timelines during peak seasons such as Christmas and Holidays.

CANCELLATION BY YOU

Except for rush orders, you may cancel your order provided you inform us within 24 hours from the time you placed the order. Send your request at judith@deerandsparrow.com.

No cancellations will be allowed if they were already dispatched or if we already started processing the order in case of custom items.

RETURNS AND REFUNDS

Except for custom products, sale items and gift cards, we will allow refunds provided that the following conditions are met:

For physical goods, they are returned in their undamaged packaging and in a resalable, original condition.
Refunds must be lodged within fourteen (14) days from receipt of the goods and should be received by us within thirty (30) days from your receipt of the goods.
The proof of purchase and/or receipt must be shown when requesting for a return or refund
You shall be responsible for return postage costs.
All items must be received in the following address: Deer and Sparrow Cupples, Regendorferstrasse 8, 8104 Weiningen ZH.

If these conditions are not met, we reserve the right to refuse a return or a refund.

If you are returning an item because of an error on our part or because it is damaged or defective, we will refund the delivery charges incurred in sending the item to you and pay your costs of returning it to us. Please contact us first at info@deersparrow.com before sending the goods back.

MODIFICATION OF SERVICE, PRODUCTS AND PRICES

We reserve the right to modify our service, products, descriptions of products and services, and prices, or discontinue any service, product or any part or content thereof, without notice to you, and at our sole discretion.

We further reserve the right to limit the sales of our products or services to any person, geographic region or jurisdiction.

We shall not be liable to you or to any third party for any damage, loss or injury you may suffer by virtue of any modification, price change, suspension or discontinuance of our Products or Services.

CANCELLATION OF SERVICE OR SALE

We reserve the right to refuse, modify or cancel any orders placed in our Sites. In such event, we will attempt to notify you using the email address or phone number you provided at the time the sale was made.

TERMINATION

In case you abuse, breach or violate any of these Terms, our Privacy Policy and any other terms you agreed to with us, we will terminate your use or access to our Sites, Services, and/or Products, without refund, at our sole discretion and without the need to notify you.

We will not be responsible for any claims, damage or liability you may suffer arising from or in connection with such exclusion or discontinuance.

INTELLECTUAL PROPERTY

The Site, Contents, Services, and Products and all other information and Intellectual Property, including without limitation, copyrights, trademarks, designs, patents, trade secrets and proprietary information, accessible on or through www.deerandsparrow.com, any third-party websites we may use to distribute or host our Sites, Contents, Services, and Products, as well as emails we send to you, are owned by us and are protected by copyright, trademark and other intellectual property laws.

Our name, service and product names, logos, designs, taglines and slogans are our trademarks which you cannot use without our written permission.

By using, visiting, viewing, downloading, purchasing and / accessing any of our Content, Services, and Products, you do not gain any right, title or interest in the said intellectual property, unless we otherwise grant you rights through a prior written authorization.

Any violation of our intellectual property rights and the Terms contained in this provision, including but not limited to unauthorized use, reproduction, copying, dissemination of any of our Contents, Services, or Products, shall be prosecuted to the fullest extent of the law.

LIMITED RIGHTS GRANTED TO YOU

When you purchase and/or download any of our Content, Services, or Products, you are only granted a non-exclusive, non-transferable, limited and revocable license that cover personal use.

Unless otherwise authorized, you cannot copy, share, forward, distribute, reproduce, republish or otherwise, disseminate, sell, license, rent, adapt, edit, translate, enhance, reverse engineer, create derivative works from any of our Content, Services, or Products.

Any violation of the Terms contained in this section shall be considered infringement and shall be prosecuted to the fullest extent of the law. We reserve any rights that are not expressly granted in these Terms.

CONTENT SHARING

You may share our Content found in our Sites only after requesting and receiving a written authorization from us. You can direct your request at judith@deerandsparrow.com.

Permission shall be conditioned on your agreement to abide by the following terms:

You may only share our content for personal use
You will directly link to our Site
You will credit us should you share our content in your own blog, Site or social media account or a third party’s blog, Site or Social Media Accounts.
You may not represent, claim or imply that you are in any way associated with Deer and Sparrow Cupples and/or Judith Cupples.
You are not allowed to represent or imply that the Content is yours or was created for you.

UNAUTHORIZED USE

In the event that you use any of our Contents, Services, and/or Products without our express authorization or contrary to the authorization we granted, you agree to pay liquidated damages of three (3) times the total fees you paid for our Services, and/or Products, or a minimum of CHF 1,000 if you did not pay any fees, in addition to other remedies that we may be entitled to pursue.

PIRACY

In case you violate or threatened to violate any of our intellectual property rights, titles or interests through acts such as, but not limited to pirating, enhancing, reverse engineering, usurping, or creating derivative works of our Contents, Services or Products, you agree to indemnify, pay and transfer to us any and all the earnings you gained or will gain through such violations, acts or negligence.

You further agree that we do not need to prove any pecuniary damage on our part, it being sufficient that we prove that you violated or threatened to violate any of our intellectual property rights, titles or interests.

You likewise agree to indemnify us in case through your acts or negligence, another person is able to make use, disseminate, distribute or share our Contents, Services, and/or Products, or engage in any act that violates our intellectual property rights, title or interests.

You recognize that any violation or threatened violation of our Intellectual Property Rights, titles or interests would cause irreparable injury to our business and reputation which may not be adequately compensated by damages. Therefore, you agree that any such violation or threatened violation will entitle us to obtain injunctive relief without having to file a bond, in addition to other legal remedies that we may pursue.

YOUR POSTS AND RECORDINGS OF GROUP/PERSONAL CALLS

When you submit comments, testimonials, photos, posts, images, videos or other contributions (“Media”) to our Sites or any third-party Sites that we operate, you represent that you are the owner of such Media and that you are at least 18 years of age. You also give us permission to take your photographs, make video and/or audio recordings of you (“Photographs and Recordings”), during our calls, webinars, workshops or any other communications (“Communications”)

You grant to us, or any of our contracts or subcontracts, unlimited, royalty-free, irrevocable, unrestricted, non-exclusive license to print, copy, use, transmit, exploit, modify, create derivative works from, display your Media, Photographs and Recordings in any manner, or for any purpose, and to include them in our current or future Services, and/or Products.

You authorize us to use your Photographs, Recordings and Media, including your image and likeness and to identify you as the person in the Photographs or Recordings or the individual or author who submitted the Media. We can identify you either by your name, email address, social media handle or screen name, for any purposes including marketing, advertising or commercial activities.

At any time, or for any reason, we can elect to cease the use of your Media, Photographs and/or Recordings.

You further agree to grant us intellectual property rights to your Media, Photographs and Recording without the need to ask permission from you or to compensate you, now or at any time in the future.

MODIFICATION OF SERVICE, PRODUCTS AND PRICES

We further reserve the right to limit the sales of our products or services to any person, geographic region or jurisdiction.

CANCELLATION OF SERVICE OR SALE

We reserve the right to refuse, modify or cancel any orders placed on our Sites. In such event, we will attempt to notify you using the email address or phone number you provided at the time the sale was made.

TERMINATION

We will not be responsible for any claims, damage or liability you may suffer arising from or in connection with such exclusion or discontinuance.

INDEMNIFICATION / HOLD HARMLESS

You agree to indemnify, defend and hold harmless Deer and Sparrow Cupples, our affiliates, officers, agents, contractors, licensors, service providers, suppliers, interns and employees, from any claim or demand, including reasonable attorney’s fees, made by any third-party due to, or arising out of your breach of the Terms or your violation of any law or rights of any third parties.

ASSIGNMENT OF RIGHTS

You agree that we can assign, transfer, and subcontract our rights and/or our obligations as stated under these Terms without having to notify or wait for your consent. You are not allowed to assign, transfer and/or subcontract your rights and/or obligations stated under these Terms.

COMPLAINTS AND ARBITRATION CLAUSE

If you have any complaints or grievance, contact us first at judith@deerandsparrow.com so that we can resolve the dispute with you, to our mutual satisfaction as quickly and effectively as possible.

In case we are unable to amicably resolve the dispute, you agree to submit it to a binding arbitration to occur in or nearest Zurich, Switzerland.

You agree and hereby waive any right to class arbitration. You further agree to conduct an arbitration solely based on your individual claim and/or entirely related to you claims against us.

The arbitral proceedings shall be concluded in English.

You further agree that you shall be responsible for all the costs that are associated with initiating the arbitration proceedings and all administration costs related thereto.

You hereby understand and agree that you are waiving your right to a jury trial in any court of any jurisdiction, which would otherwise be available to you if not for this Arbitration Clause.

Any award or judgment that is issued by the arbitrator shall be binding. The only award that can be issued to you is a refund of any payment made to us for the particular Service or Product that you purchased from us. You agree that you are not permitted to seek additional damages, consequential, punitive or otherwise.

NO RELATIONSHIP CREATED

You agree that by using of our Contents, Services or Products, no joint venture, employment or agency relationship is created between you and us.

ENTIRE AGREEMENT

These Terms constitute the entire agreement between you and Deer and Sparrow Cupples / Judith Cupples pertaining to our Sites, Contents, Services, and/or Products. These Terms supersede all and prior or contemporaneous agreements, representations, proposals and understandings between us.

SEVERABILITY

In case any provisions of these Terms are held invalid, illegal or unenforceable, any other provisions or part thereof not affected shall remain valid, in full force and effect. The provision rendered invalid, illegal or unenforceable shall be changed or interpreted so as to best accomplish the objectives and purpose of the whole provision and/or these Terms.

CHANGES TO THESE TERMS

We reserve the right to update, replace, or change any part/s of these Terms without having to personally notify you. It is your responsibility to check these changes and to update yourself.

Any new Content, Services, and/or Products we add to our Sites shall be subject to these Terms. By remaining and continuously using and/or purchasing from our Site after we posted the modifications, you are deemed to have implicitly and voluntarily accepted the changes to these Terms.

CONSENT TO GOVERNING LAW AND JURISDICTION

These Terms, claims or disputes arising out of it shall be governed by the laws of Switzerland.

If you have any questions or concerns regarding these Terms and Conditions, please contact us:

E-mail: judith@deerandsparrow.com

Updated on: 7 December 2022