Terms and Conditions for Sale of Goods Online
Bondie Bird Limited Terms and Conditions for Sale of Goods Online.
NB - This document is specific to sale of goods on-line, as well as any Orders taken by phone.
These terms and conditions regulate the business relationship between you and us. If you offer or accept our offer for any goods, our contract is in the terms set out below.
Bondie Bird Limited, Registered Company No. 07286962, VAT number GB994728849
Our address is: Russell Bedford House, City Forum, 250 City Road, London, EC1V 2QQ
The terms and conditions
In this agreement:
means any person or business contracted by us to carry Goods from us to you, whether all or part of the distance.
means any goods we offer for sale.
means any informational material published by us in any medium with a view to providing information to our customers or prospective customers and any content on Our Website.
the telephone call, letter, online order or e-mail detailing the Goods to be ordered
"Our Website" means www.bondiebird.com or any other URL we use to make our Goods available and the entire computing hardware and software installation that is or supports Our Website
2. Our contract with you
2.1 All orders that you place on this website will be subject to acceptance in accordance with these terms and conditions.
2.2 The "confirmation" stage sets out the final details of your order. Following this, we will send to you an order acknowledgement email detailing the Goods you have ordered and when we shall dispatch your order. Please note that this email is not an order confirmation or order acceptance from us.
2.3 Acceptance of your order and the completion of the contract between you and us will take place on dispatch to you of the Goods you have ordered unless we have notified you that we do not accept your order or you have cancelled it (please refer to Goods Returned)
3. Price and Payment
3.1 You must pay us the full price of your complete order before we will send any part of it.
3.2 No payments shall be deemed to have been received until we have received cleared funds.
3.3 All prices are inclusive of VAT (where applicable), but the price is exclusive of all costs or charges in relation to loading, unloading, carriage and insurance.
3.4 Banking charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than pounds Sterling will be borne by you.
3.5 Any details given by us in relation to exchange rates are approximate only and may vary from time to time.
3.6 You will pay all sums due to us under these terms by the means specified without any set-off, deduction or counterclaim.
3.7 We endeavour to keep Our Website and prices updated and accurate but errors may occur. If we discover an error in the price of Goods you have ordered we will inform you as soon as possible and give your 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.
4. Information you give us
4.1 You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Goods.
4.2 If you use Our Website, you are responsible for maintaining the confidentiality of your details and for preventing any unauthorised person from using your computer.
4.3 We reserve the right to refuse you access to Our Website.
5.1 Deliveries will be made by the Carrier to the address stipulated in your order. You must ensure that someone is present to accept delivery.
5.2 Delivery charges and estimated timescales are specified when you place an order. We make every effort to deliver goods within the estimated timescales however delays are occasionally inevitable due to unforeseen factors. We shall be under no liability for any delay or failure to deliver the products within estimated timescales.
5.3 Risk of loss and damage of Goods passes to you on the date when the Goods are delivered or on the date of first attempted delivery by us.
5.4 If we are not able to deliver your Goods within 30 days of receipt of payment for your order, we shall notify you to arrange another date for delivery.
5.5 We may deliver the Goods in instalments if the Goods are not available at the same time for delivery.
6. Taxes, duties and import restrictions
6.1 We have no knowledge of, and no responsibility for, the laws in your country of residence.
6.2 You are responsible for purchasing Goods which you are lawfully able to import and for the payment of import duties and taxes of any kind levied in your country of residence.
7. Goods Returned
Because you are buying the Goods by mail order, you may have a right of cancellation. If you do, (and only if you do), these are the terms which apply:
7.1 You must tell us you wish to cancel within 7 days of your receipt of the Goods;
7.2 In any event, you may not cancel orders for handmade, specially commissioned or personalised Goods;
7.3 The Goods must be returned to us within 21 days of your telling us you wish to cancel:
7.3.1 with both Goods and all packaging in their original condition;
7.3.2 securely wrapped;
7.3.3 including our delivery slip;
7.3.4 at your risk and cost.
7.4 After we have received the Goods, provided 7.3.1 - 7.3.4 inclusive has been complied with, we will credit your account with the full purchase price of the Goods returned no later than 30 days from the date of receipt of the Goods;
7.5 If you do not return the Goods to us, you are still liable to us for the cost.
7.6 We are under no obligation to collect or recover Goods from you, but if we do, our costs will be payable by you.
7.7 If Goods are damaged or a mistake was made by us, then the charge for posting items back to us will be refunded to you along with the cost of the Goods in question.
7.8 All sizes and measurements are approximate but we do try and make sure that they are as accurate as possible.
8.1 We may make improvements or changes to our Written Material or to any of the Goods, at any time and without advance notice.
8.2 Although we endeavour to ensure that the Website content is accurate, you are advised that Written Material may include technical inaccuracies or typographical errors.
8.3 We give no warranty and make no representation, express or implied, as to:
8.3.1 the adequacy or appropriateness of the Goods for your purpose;
8.3.2 the truth of any Website Material on Our Website published by someone other than us;
8.3.3 any implied warranty or condition as to merchantability or fitness of the Goods for a purpose other than that for which the Goods are intended;
8.3.4 compatibility of Our Website with your equipment, software or telecommunications connection;
8.3.5 compliance with any law;
8.3.6 non-infringement of any right.
8.4 We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Website or the purchase of Goods.
8.5 Except for a claim for personal injury, in any claim against us our liability is limited to the value of the goods you have purchased in the contract which is the subject of the dispute.
You agree to indemnify us against any claim or demand, including reasonable lawyers' fees, made by any third party due to or arising in any way out of your use of the Goods, or the infringement by you, of any intellectual property or other right of any person.
10. Contractual Limitation
Where we provide Goods without specific charge, then it (or they) is deemed to be provided free of charge, and not to be associated with any other service for which a charge is made. Accordingly, there is no contractual nor other obligation upon us in respect of any such Goods or services.
11. Rights of third parties
Nothing in this agreement shall confer on any third party any benefit under the provisions of the Contracts (Rights of Third Parties) Act 1999.
If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
13. No Waiver
No waiver by us, in exercising any right, power or provision hereunder shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.
14. Dispute Resolution
In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing arbitration or litigation.
15. Force majeure
We are not liable for any breach of our obligations resulting from causes beyond our reasonable control including strikes of our own employees.
16. Governing Law
This Agreement shall be governed by and construed in accordance with the law of England. This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.
Bondie Bird Limited Disclaimer
Please note that whilst Bondie Bird Limited products are designed with the health and safety of children in mind, and are fully compliant with UK and European safety regulations, no safety test or precaution can ever replace adequate supervision by a parent or responsible guardian. No child should ever be left unattended using our products. Our products are designed and made to assist parents, not replace them.
Terms & Conditions for use of the Website
Whilst every effort is made to ensure that the website and content are both accurate and error free, Bondie Bird Limited recognises that errors may occur. In the event of such an error, we may attempt what actions we are reasonably able to correct the problem.
By viewing this website and/or downloading any content you agree to be bound by the following terms and conditions ("Terms of Service"). If you do not agree to these terms, you must not use this website.
You agree not to copy, distribute, and imitate any of the artwork, content, or other media contained in this website. Also, you agree to not attempt to reverse engineer, misuse, or damage any part of the website or the server infrastructure. You may not use any part of this service in a way which may be illegal, either by UK law, or within the jurisdiction where the site is being accessed from. You also hereby acknowledge that Bondie Bird Limited own the Intellectual Property rights to all materials within this web site and any additional content or media provided by Bondie Bird Limited, unless otherwise specified.
This site is created and operated by Bondie Bird Limited, situated in the UK. Bondie Bird Limited, and the management thereof, make no warranty that the material on or available through this site is suitable for use in any other country. If you are accessing from any other country, it is the user's responsibility to ensure that they comply with any local laws that may be applicable. You agree to use the site in the manner for which it was intended, and following instructions as and when they are provided.
Use of this site and any services contained therein are at the sole discretion of Bondie Bird Limited and its management. While we endeavour to ensure the web site is available at all times, we reserve the right to modify or terminate all or any part of the service at any time, and for any reason, without notice and without liability. We reserve the right to change the terms of service at any time without notice. It is the user's responsibility to ensure they have read the terms and conditions that currently apply.
This web site may contain links to other web sites. Bondie Bird Limited make no guarantees, representations, or warranties about those sites or the content therein.
Bondie Bird Limited disclaims any and all responsibility, liability, representations, warranties, or any other terms, express or implied, for the accuracy, legality, operability, availability, merchantability, non-infringement, or completeness of any part of the content upon this site. Furthermore, Bondie Bird Limited disclaims any responsibility for any harm, loss, or damage resulting from viewing or downloading any media from this site, or linked to by this site.
Bondie Bird Limited make no warranty that this site, any content, or the servers used, are free of viruses or other harmful media. The user assumes all responsibility for any necessary servicing, repair, and/or correction that may result.
This website, and all products, materials, and information provided by Bondie Bird Limited, are provided 'As is', with no warranties whatsoever. Under no circumstances will Bondie Bird Limited be held liable to any user, for any damages resulting from the use or misuse of the services provided.
Our maximum liability to you shall be limited to the sum of £60, or the sums paid by you to us, whichever is greater.
You may not transfer or delegate any rights, permissions, or responsibilities as set out in these terms to any other person without express written permission from us.
Some countries may disallow the exclusion of implied warranties, so the above exclusions may not apply.
Any breach of these terms and conditions and you will be personally liable to indemnify us in full for any loss, liability, or costs incurred or arising.
These terms do not affect your statutory rights as a consumer, and these terms and conditions are provided and governed by UK law. Any dispute connected with Bondie Bird Limited will be subject to the exclusive jurisdiction of courts of England and Wales.
Copyright & Trademarks
All content on Our Website, unless otherwise specified, is copyright belonging to Bondie Bird Limited, 2010, all rights reserved. Bondie Bird Limited and the Playwrap™ and associated logos are trademarks of Bondie Bird Limited in the UK and other countries.
We will defend the intellectual property rights in connection with our Goods and Our Website, including copyright and all other rights in and to: text, graphics, logos, icons, images, audio clips, digital downloads, data, and software.
We also claim copyright in the designs and compilation of all Written Material of Our Website. Title, ownership rights, and shall remain the sole property of us and / or the other content provider. We will strongly protect those rights in all countries.
Except as set out below, you may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Written Material, in whole or in part.
You may not use our name or logos or trade marks or any other Written Material on any website of yours or that of any other person.
Subject to the other terms of this agreement, you may download or copy Written Material only for your own personal use, provided that you maintain all copyright and other notices contained in it. You may not store electronically any significant portion of any Written Material.
If we should receive a complaint about any part of our service, by phone, fax, e-mail or letter, then it will be dealt with promptly, confidentially, and effectively.