Legal & Privacy

Terms and Conditions

These terms and conditions (the “Terms and Conditions”) govern the use of https://browndeluxe.com (the “Site”). This Site is owned and operated by Brown Deluxe LLC. This is an ecommerce website.
 
By using this Site, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times.  You may request we email you a copy of these terms.
 
THESE TERMS AND CONDITIONS CONTAIN A DISPUTE RESOLUTION CLAUSE THAT IMPACTS YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. PLEASE READ IT CAREFULLY.
1.Intellectual Property
All content published and made on our Site is the property of Brown Deluxe LLC and those elements the site employs licensed from a third-party for use by Brown Deluxe LLC. This includes, but is not limited to images, text, logos, documents, downloadable files and anything that contributes to the composition of our site.
2. Acceptable Use
As a user of our Site, you agree to our Site legally, not to use our Site for illegal purposes, and not to:
  1. Harass or mistreat other users of our Site;
  2. Violate the rights of other users of our Site;
  3. Violate the intellectual property rights of the Site owners or any third party to our site;
  4. Hack into the account of another user of our Site;
  5. Act in any way that could be considered fraudulent; or
  6. Post any material that may be deemed inappropriate or offensive.
If we believe you are using our Site illegally or in a manner that violates these Terms and Conditions, we reserve the right to limit, suspend or terminate your access to our Site. We also reserve the right to take any legal steps necessary to prevent you from accessing our Site.
3. User Contributions
We may, from time to time, allow users post public comments on comments and reviews on our Site. By posing publicly on our Site, you agree to not act illegally or violate these Terms and Conditions.
4. Accounts
Subject to any independent Privacy Policy published on the Site, when you create an account on our Site, you agree to the following:
  1. You are solely responsible for your account and the security and privacy of your account, including passwords or sensitive information attached to that account; and
  2. All personal information you provide to us through your account is up to date, accurate, and truthful and that you will update your personal information if it changes.
We reserve the right to suspend or terminate your account if you are using our Site illegally or if you violate these Terms and Conditions.
5. Sale of Goods
These Terms and Conditions govern the sale of goods available on our Site:
  1. Handcrafted Guitar Speaker Cabinets; and
  2. Guitar Speakers and other Cabinet related accessories.
These Terms and Conditions apply to all the goods that are displayed on our Site at the time you access it. This includes all products listed as being out of stock. All information, descriptions, or images that we provide about our goods are as accurate as possible. However, we are not legally bound by such information, descriptions, or images as we cannot guarantee the accuracy of all goods we provide.
 
We reserve the right to modify, reject or cancel your order whenever it becomes necessary. If we cancel your order and we have already processed your payment, we will give you a refund equal to the amount you paid. You agree that it is your responsibility to monitor your payment instrument to verify receipt of any refund.
6. Third Party Goods and Services
Our Site does not allow users of the site other than representatives of the Site to sell goods and services.
7. Payments
We accept the following payment methods on our Site:
 
  • Credit or Debit Cards
  • Cash
  • Checks which we may choose to accept or decline
  • We may enable Google Pay and/or Apple Pay on our site from time to time.
 
When you provide us with your payment information, you authorize our use of and access to the payment instrument you have chosen to use. By providing us with your payment information, you authorize us to charge the amount due to this payment instrument.
 
If we believe your payment has violated any law or these Terms and Conditions, we reserve the right to cancel or reverse your transaction.
8. Shipping and Delivery
When you purchase goods from our Site, the goods will be delivered through one of the following methods:
 
  • UPS, FedEX and these or similar package delivery companies in other nations as facilitated by Shippo, our shipment service arrangement provider.
  • If you notify us you may choose to pick up our products at our office and not be incurred a shipping cost.
Delivery will take place reasonably after the product is crafted depending upon the delivery method selected at checkout as facilitated by our Shippo shipping coordinator. Delivery times may vary due to unforeseen circumstances. Please note that delivery times do not include weekends and statutory holidays.
 
You will be required to pay delivery charges in addition to the price for the goods you purchase.
 
If you purchase goods from us for delivery to a destination outside the United States your purchase may be subject to import duties and taxes applied by the destination country. You are responsible for paying any such duties or taxes. Please contact your local customs office for more information before making a purchase. We are not responsible for the payment of any such duties or taxes and are not liable for any failure by you to pay them, including by not limited to the loss of your purchase according to applicable law in your receiving jurisdiction.
 
You are required to provide us with a complete and accurate delivery address, including the name of the recipient. We are not liable for delivery of your goods to the wrong address or wrong person as a result of you providing us with inaccurate or incomplete information.
 
9. Returns
Returns can be made in person at our home office in Two Harbors, MN as shown on our contact page.
 
Returns can be shipped via a major carrier, insured and requiring signature upon delivery.
 
Pack your goods in a way that reasonably assures lack of damage during shipment, and attach a return label which you will acquire upon approval of your return.
 
As our products are hand crafted to order, returns will only be accepted for defective products according to the Guarantee noted below.
 
10. Guarantee
The following guarantees apply to our site:
 
  • We guarantee our cabinets for a period of five years excluding normal wear and tear.
  • Note, that we use reclaimed wood of the nature shown on our site as we believe this is an important aspect adding to the quality of our cabinets. This type wood has imperfections of the types generally shown in the photos on our site. (This wood is purchased by us at a premium as compared to wood that is not reclaimed.) This guarantee is is subject to that understanding.
  • Our guarantee is subject to the understanding that you are responsible to refresh your finish using Waterlox Sealer/Finish as your finish becomes worn. As this is a natural wood product exposed to various degrees of use, as is common of such goods in the music industry, wear and tear are not considered defects and sometimes wear and tear is considered to improve the look of the product.
  • As our product is hand crafted, minor defects and variances from product to product are to be expected and the existence of such are not considered a violation of this guarantee.
  • We are an authorized Celestion Speaker distributor and their guarantee applies to speakers we sell. You shall pursue claims relative to these speakers with Celestion. We will ship you the original packaging for your speakers with information on how to pursue claims with them.
11. Consumer Protection Law
Where any consumer protection legislation in your jurisdiction applied and cannot be excluded, these Terms and Conditions will not limit your legal rights and remedies under that legislation. These Terms and Conditions will be read subject to the mandatory provisions of that legislation. If there is a conflict between the Terms and Conditions and that legislation, the mandatory provisions of the legislation will apply.
12. Limitation of Liability
Subject to our Privacy Terms as posted on this Site, Brown Deluxe LLC and our members, managers, officers, agents, employees, subsidiaries, and affiliates will not be liable for the actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Site.
13. Indemnity
Except where prohibited by law, and subject to the Privacy Terms posted on this Site, by using this Site you indemnify and hold harmless Brown Deluxe LLC and our members, managers, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your violation of these Terms and Conditions.
14. Applicable Law
These Terms and Conditions are governed by the laws of the State of Minnesota as applied in Lake County of this State.
15. Dispute Resolution
Subject to any exceptions specified in these Terms and Conditions, if you and Brown Deluxe LLC are unable to resolve any dispute through informal discussion, then you and Brown Deluxe LLC agree to submit the issue first before a non-binding mediator and to an arbitrator in the event the mediation fails. The decision of the arbitrator will be final and binding. Any mediator or arbitrator must be a neutral party acceptable to both you and Brown Deluxe LLC. The costs of any such arbitration will be paid by the unsuccessful party.
 
Notwithstanding any other provision of these Terms and Conditions, you and Brown Deluxe LLC agree that you both retain the right to bring an action in small claims court and to bring an action for injunctive relief or intellectual property infringement.
16. Severability
If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid according to applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.
17. Changes
These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. We will notify users by email of changes to these Terms and Conditions or post a notice on our Site.
18. Contact Details
Please contact us if you have any questions or concerns regarding these Terms and Conditions. Please contact us by email to info@browndeluxe.com
 
You also can contact us through the feedback form on our Site.
Legal & Privacy

Privacy Policy

We are an Ecommerce Website.
 
This policy is effective December 18, 2021.
 
Our site is owned and operated by Brown Deluxe LLC .  Our data controller is Brown Deluxe and may be contacted at info@browndeluxe.com or by mailing to 1763 Highway 12, Two Harbors, MN 55616, USA
 
1. Purpose
The purpose of this privacy policy (this “Privacy Policy”) is to inform users of the following:
 
  1. The personal data we collect;
  2. Use of the protected data;
  3. Who has access to the data collected
  4. The rights of site users; and
  5. The Site’s cookie policy.
This Privacy Policy applies in addition to the Terms and Conditions of our site.
2.GDPR
For users in the European Union, we adhere to the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, known as the General Data Protection Regulation (the “GDPR”). For users in the United Kingdom, we adhere to the GDPR as contained in the Data Protection Act of 2018.
 
We have not appointed a Data Protection Officer as we do not fall within the categories of controllers and processors required to appoint a Data Protection Officer under Article 37 of the GDPR.
3. Consent
By using our Site users agree that they consent to the conditions set out in this Privacy Policy.
4. Legal Basis for Processing
We collect and process personal data about users in the EU only when we have a legal basis for doing so under Article 6 of the GDPR.
 
We rely on the following legal basis to collect and process the personal data of users in the EU:
 
  1. Processing of user personal data is necessary for us or a third party to pursue a legitimate interest.  Our legitimate interest(s) are:  Selling and shipping our products to consumers; and
  2. Processing of user personal data is necessary for us to comply with a legal obligation.  If a user doe snot provide the personal data necessary for us to perform a legal obligation the consequences are as follows:  We are not able to comply with various tax and commercial laws and obligations and/or completely our obligations related to completing our obligations to the customer pursuant to any sale.
5. Personal Data We Collect
We only collect data that helps us achieve our purpose as set out in the Privacy Policy.  We will not collect any additional data beyond the data listed below without notifying you first.
 
Our Store/Woocommerce:
We collect information about you during the checkout process on our store.
 
Caching:
This site utilizes caching in order to facilitate a faster response time and better user experience. Caching potentially stores a duplicate copy of every web page that is on display on this site. All cache files are temporary, and are never accessed by any third party, except as necessary to obtain technical support from the cache plugin vendor. Cache files expire on a schedule set by the site administrator, but may easily be purged by the admin before their natural expiration, if necessary. We may use QUIC.cloud services to process & cache your data temporarily.Please see https://quic.cloud/privacy-policy/ for more details.  We may also use Cloudflare Caching.  You may find their privacy policy at Cloudflare’s Privacy Policy | Cloudflare
 
Askimet:
We collect information about visitors who comment on Sites that use our Akismet anti-spam service. The information we collect depends on how the User sets up Akismet for the Site, but typically includes the commenter’s IP address, user agent, referrer, and Site URL (along with other information directly provided by the commenter such as their name, username, email address, and the comment itself).
 
Google Web Fonts:

For uniform representation of fonts, this page uses web fonts provided by Google. When you open a page, your browser loads the required web fonts into your browser cache to display texts and fonts correctly.

For this purpose your browser has to establish a direct connection to Google servers. Google thus becomes aware that our web page was accessed via your IP address. The use of Google Web fonts is done in the interest of a uniform and attractive presentation of our plugin. This constitutes a justified interest pursuant to Art. 6 (1) (f) DSGVO.

If your browser does not support web fonts, a standard font is used by your computer.

Further information about handling user data, can be found at https://developers.google.com/fonts/faq and in Google’s privacy policy at https://www.google.com/policies/privacy/.

Data Collected Automatically:
When you visit our Site, we may automatically collect and store the following information:
 
  1. IP address;
  2. Location;
  3. Clicked links: and
  4. Content viewed.
 
Data Collected in a Non-Automatic Way:
We may also collect the following data when you perform certain functions on our Site (to process and ship your order):
 
  1. First and Last name;
  2. Email Address;
  3. Phone Number;
  4. Address; and
  5. Payment Information
This data may be collected when we collect data for a sale and/or facilitate you creating an account on our site.
6. How We Use Personal Data
Data collected automatically on our Site will only be used for the purposes specified in this Privacy Policy is used for statistics.
 
The data we collect when the user performs certain functions may be used to process sales, shipping and orders and to facilitating the creation of a user account on our site.
7. Who We Share Personal Data With
Employees:  We may disclose user data to any member of our organization who reasonably needs to access user data to achieve the purposes set out in this Privacy Policy.
 
Other Disclosures:  We will not sell or share your data with other third parties, except in the following cases:
 
  1. If the law of various jurisdictions require it;
  2. If it is required for any legal proceeding;
  3. To prove or protect our legal rights; and
  4. To buyers or potential buyers of this company in the event that we sell the company.
If you follow hyperlinks from our Site to another Site, please note that we are not responsible for and have not control over their privacy policies or practices.
8. How Long We Store Personal Data
User data will be stored until the purpose the data was collected for has been achieved.
 
You will be notified at the email address you have provided if your data is kept for longer than this period.
 
9. How We Protect Your Personal Data
In order to protect your security, we use the strongest available browser encryption and store all of our data on servers in secure facilities with our commercial hosting provider.  All data is only accessible to our employees and those managing our hosting.  Our employees are bound by strict confidentiality agreements and a breech of these terms results in termination.
 
While we take all reasonable precautions to ensure that user data is secure and that users are protected, there always remains the risk of harm.  The Internet as a whole can be insecure at times and therefore we are unable to guarantee the security of user data beyond what is reasonably practical.
10. International Data Transfers
We transfer user data to the United States, where we and our hosting providers are located.
 
When we transfer user personal data we will protect that data as described in this Privacy Policy and comply with applicable legal requirements for transferring personal data internationally.
 
If you are located in the United Kingdom or European Union, we will only transfer your personal data if:
 
  1. The country your personal data is being transferred to has been deemed to have adequate data protection by the European Commission or, if you are in the United Kingdom, by the United Kingdom adequacy regulations; or
  2. We have implemented appropriate safeguards in respect of the transfer.  For example, the recipient is a party to binding corporate rules, or we have entered into standard EU or United Kingdom data protection contractual clauses with the recipient.
11. Your Rights As A User
Under the GDPR, you have the following rights:
  1. Right to be informed;
  2. Right of access;
  3. Right to rectification;
  4. Right to erasure;
  5. Right to restrict processing;
  6. Right to data portability; and
  7. Right to object.
12. Children
We do not knowingly collect or use personal data from children under 16 years of age.  If we learn that we have collected personal data from a child under 16 years of age, the personal data will be deleted as soon as possible.  If a child under 16 years of age has provided us with personal data their parent or guardian may contact our privacy Officer.
13. How To Access, Modify, Delete or Challenge the Data Collected
If you would like to know if we have collected your personal data, how we have used your personal data, if we have disclosed your personal data and to who we disclosed your personal data, if you would like your data to be deleted or modified in any way, or if you would like to exercise any of your other rights under the GDPR, please contact our privacy officer:
 
Bruce Brown
14. Do Not Track Notice
Do not Track (“DNT”) is a privacy preference you can set in certain web browsers.  We do not track the users of our Site over time and across third party websites and therefore do not respond to browser-initiated DNT signals.
15. Cookie Policy
A cookie is a small file, stored on a user’s hard drive by a website.  Its purpose is to data collect relating to the user’s browsing habits.  You can choose to be notified each time a cookie is transmitted.  You can also choose to disable cookies entirely in your master browser, but this may decrease the quality of your user experience.
 
We use the following types of cookies on our Site:
  1. Functional Cookies:  These are used to remember the selections you make on our Site so that your selections are saved for your next visits; and
  2. Analytical Cookies: These are used to allow us to improve the design and functionality of our Site by collecting data on how you access our Site, for example data on the content you access, how long you stay on our site, etc.
16. Modifications
This privacy policy may be amended from time to time in order to maintain compliance with the law and to reflect any changes to our data collection process.  When we amend this Privacy Policy we will update the “Effective Date” at the top of this Privacy Policy.  We recommend that our users periodically review our Privacy Policy to ensure that they are notified of any updates.  If necessary,  we may notify users by email of changes to this Privacy Policy.
17. Complaints
If you have any complaints about how we process your personal data, please contact us through the contact methods listed in the Contact Information section so that we can, were possible, resolve the issue.  If you believe we have not addressed your concern in a satisfactory manner you may contact a supervisory authority.  You also have the right to directly make a complaint to a supervisory authority.
18. Contact
If you have any questions, concerns or complaints, you can contact our privacy officer, Bruce Brown, at  bruce@browndeluxe.com.