Terms and Conditions

Please read the following carefully. By using this website the user or ‘you’ agree to the following terms of use. If you do not agree to these terms of use you should not use the site.

Copyright / Trademarks

All content on this site including but not limited to web site design, text, graphics, logos, photographs, and the selection and arrangement thereof are the property of hamishburgess.com / Hamish Burgess (Copyright 2020) and are protected by US and International Copyright Laws.

You may copy and print portions of our website for the sole purpose of placing an order with us.
The materials on our website may not be used for any other purpose, unless you contact us and receive written permission.

Shopping with ‘hamishburgess.com’

The fastest and easiest way to order is at our online store using secure ordering with PayPal. Your order will be mailed a.s.a.p., usually within 5 days of being received, if the item is in stock. If paid by check your order will be mailed when your check has cleared.

PLEASE NOTE that you must choose size options for certain items on the website. If you do not choose the correct size then YOU are responsible for return shipping charges, and will be charged for reshipment of the replacement product.

PLEASE ORDER WHAT YOU INTEND TO KEEP. We are not prepared to deal with customers who order many items planning to keep one or two that they like, intending to return the rest.

You can order products on this website either :-

1. on-line using a credit card through the PayPal system (to ensure that shopping on-line is secure, your credit/debit details will be encrypted using SSL technology), or

2. by e-mailing us your order and mailing us a US$ check or International Money Order in US$, or

3. by postal mail-order with a US$ check or International Money Order in US$, or

4. by telephoning us your order and mailing us a US$ check or International Money Order in US$.

We do not take credit cards over the telephone at this time. Please use option 1, below.

1. Online – Please order on-line via  ‘The Shop’ using a credit card through the PayPal system.

Once you have placed your order on-line, we will send you an e-mail to confirm that we have received your order. The email confirmation will be produced automatically so that you have confirmation of your order details. An automatic confirmation does not necessarily mean that we will be able to meet your order. By ordering online through PayPal, you agree that you are authorized to use the credit card for your purchase, and that you will take steps so that no credit card chargebacks occur to ‘hamishburgess.com’ by ensuring that the holder of this credit card is aware of your purchase (a chargeback occurs when the cardholder states that he did not use his or her credit card for a particular charge). You also agree that should ‘hamishburgess.com’ be charged a chargeback fee resulting from your purchase, we may charge you a fee in addition to your invoice amount, to reimburse ‘hamishburgess.com’ for the chargeback fee you have incurred.

2. By e-mail and mailing a US$ check or International Money Order in US$. Please email us your order at hamish@hamishburgess.com, including your name, address, and telephone number, with area code and country code, and tell us your time zone (in case we need to contact you regarding your order), We will advise you of shipping charges by e-mail, before you send a check.  Alternatively, work through our website shopping cart to figure out the shipping charges, and send a check for the total. If it is wrong, we will need to contact you.

Please make US$ checks, or money orders in US$  payable to ‘Hamish Burgess’. We will only accept checks pre-printed with your name and address. If you pay us with a regular US dollar bank check, please allow up to 10 working days (2 weeks) for your check to clear our bank BEFORE we ship your order. US dollar International Money Orders, or US bank drawn Money Orders, Bank Drafts, and other forms of certified payment in US dollars will incur no delay.

3. By postal mail-order with a US$ check or International Money Order in US$. Please mail us your order, including your name, address, and e-mail or telephone number, with area code and country code, and tell us your time zone (in case we need to contact you regarding your order). We will advise you of shipping charges by e-mail or telephone, before you send a check. Alternatively, work through our website shopping cart to figure out the shipping charges, and send a check for the total. If it is wrong, we will need to contact you.

Please make US$ checks or money orders payable to ‘Hamish Burgess’, and send to:-

Hamish Burgess,
P.O.Box 1323,
Lahaina,
Hawaii 96767-1323.
U.S.A.

We will only accept checks pre-printed with your name and address. If you pay us with a regular US dollar bank check, please allow up to 10 working days (2 weeks) for your check to clear our bank BEFORE we ship your order. US dollar International Money Orders, or US bank drawn Money Orders, Bank Drafts, and other forms of certified payment in US dollars will incur no delay.

4. By telephoning us your order and mailing us a US$ check or International Money Order.

Our business hours are from 9AM to 9PM Hawai’i Standard Time (2-3 hours behind US West Coast/5-6 hours behind US East Coast/10-11 hours behind Europe). We are a family business, so we may be out during these times, but we are available at other times upon occasion. Please call +1-808-264-5190, being aware of the above time differences, so you don’t call in the middle of the night (thankyou).

After business hours, or if we are not there, PLEASE leave a clear telephone message giving your telephone number, WHERE YOU ARE, and let us know when we can reach you. We will call you back and take your order on the phone, then have you mail us a US$ check or International Money Order. Please do NOT leave your order as a message.

We do not take credit cards over the telephone at this time. Please use ‘The Shop’ using a credit card through the PayPal system.

We aim only to display items which are in stock and can be dispatched quickly. However, if demand for a particular item exceeds our suppliers restocking capabilities, or an item becomes discontinued, and we are unable to supply a particular item which you have ordered, we will notify you as soon as we can after receiving your order. If this happens, you may cancel your order and we will refund any money you have paid.

hamishburgess.com reserves the right as to whether or not we accept and ship any order.

Customers outside the U.S.

Orders coming from or going to an address outside of the United States require contacting us at hamish@hamishburgess.com

Please make payment in US dollars by bank draft, or International Money Order in US$.

We will fill out any US Customs forms required for us to ship your order.
Customers outside the US may incur import duties levied by their respective countries.
Please be aware that
hamishburgess.com is NOT responsible for paying these duties, if applicable.

Prices

The prices are shown on ‘hamishburgess.com’ are in US dollars. Although we do our best to be accurate, sometimes errors occur. Therefore, we reserve the right to correct errors in price and description on any of our pages and any item in our online store. Prices are subject to change without notice, due to the volatility of the Pound and Euro.

As we are based in beautiful Maui, Hawai’i State residents are subject to Hawai’i State Tax. No sales tax is due on orders outside of Hawai’i.

Delivery

We can deliver goods to destinations within the US at the rates shown at the online ‘Checkout’, or as posted on the ‘Shipping and Returns’ page. For delivery outside the US please contact us for a shipping price quote. We will try and ensure that you receive your order, as quickly as possible. We aim to deliver goods to destinations in the US within 10 working days in most circumstances, and will make every effort to deliver within the time stated on our website, but we will not be liable for any loss caused to you by late delivery.

In instances of out-of-stock items that are beyond our control, we reserve the right to take up to 30 days to deliver.

You will be able to cancel your order up to the time of dispatch. Customers are responsible for their delivery locations being secure.
hamishburgess.com will NOT be responsible for losses or other damages once an item has been delivered (such as theft from a porch or doorway after a package has been left by the delivery service).

Returns

hamishburgess.com endeavors to supply only the highest quality prints,  designed or drawn by Hamish. We believe you will be delighted with your product.
However, if the product is faulty, or you receive an item which you did not order, it can be returned to us following the steps outlined below.
Please contact us within 9 days to advise us of the defective product, or damage due to shipping, and we will let you know how you should send the item back to us.
If you return then the product UNUSED and in its original condition including any packaging, we will be happy to provide you with an exchange for an identical product in good condition, and pay you for the return postage (either with a hamishburgess.com credit note, or by check).

If you wish to return an item which you DID order, and it is NOT faulty, then you will pay for the return postage of the goods, and be responsible for it’s safe and timely delivery. It must be UNMARKED in it’s original condition including any packaging.
If this is to happen, please CONTACT US FIRST, within 9 days, and we will let you know how you should send the item to us. You must return merchandise with shipping prepaid, in its original condition as you received it, preferably in its original package. We do not accept returns or exchanges by C.O.D.
Upon receipt or your return, we will provide you with a refund of the purchase price of the ART ONLY, but NOT the original shipping charge.
Alternatively, we can give you a hamishburgess.com credit note – for the purchase price of the ART ONLY but NOT the original shipping charge.
In short, if you change your mind after we ship you any artwork, then YOU are paying for the shipping both ways.

We advise that you ship your returns or exchanges by certified, registered, or any other kind of traceable shipping.
hamishburgess.com is NOT responsible for lost, undocumented returns or exchanges.

Linking to this Website

By linking to this website you are indicating acceptance of these Terms and Conditions and the legal restrictions that are part of it. If you do not accept or abide by these guidelines do not link to this website. By linking to this website you agree that you :
Will not frame or otherwise create a browser or border environment around this website’s content;|
Will not imply that hamishburgess.com and/or Hamish Burgess is endorsing you, your company or business, your website or its contents, your products, or your services;
Will not misrepresent your or your website’s relationship with hamishburgess.com and/or Hamish Burgess;
Will not present false, misleading or inaccurate information about hamishburgess.com and/or Hamish Burgess;
Will not include content on your website that is or could be construed as illegal, distasteful, offensive, or controversial and will include on your website only content that is appropriate for all age groups.

Data Protection

The information you provide and the records of items you buy will be used to constantly monitor and improve our service, and may be used by Maui Celtic only (for things such as newsletters and forwarding you info on Maui Celtic sales). We do not share this information with anyone.

Your PayPal information is encrypted so that no one other than PayPal and hamishburgess.com have access to it. See our Privacy Policyfor details.

Our responsibility

We are not responsible for any losses resulting from your use or the inability to use our website, or resulting from unauthorized access to, or alteration of your transmissions or data, or consequential loss in circumstances which are beyond our control.

We are not responsible for your wasted expenditure, loss of profits, destruction or corruption of data or any other loss which does not directly result from ‘hamishburgess.com’.

You are responsible if you use this website in breach of these terms of use and will reimburse hamishburgess.com for any loss that you cause to us as a result of your misuse.

We make no promise that our website will be entirely error free or have uninterrupted service. Because of the nature of the Internet, the online shopping service is provided on an “as is” and “as available” basis. We are not responsible to you if we are unable to provide our Internet services for any reason beyond our control.

We may change or withdraw any part of our website, or may refuse you access to the website, at any time if we consider it necessary.