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Copyright 2011 London Bird Ltd.
TERMS OF WEBSITE USE
INFORMATION ABOUT US
www.londonbird.com is a site operated by London Bird Limited (Company number 7052771) whose registered office is at 7 Mill Lane, Abbots Worthy, Winchester, Hampshire, SO21 1DS. Our main trading address is 16 Elgin Crescent, London, W11 2JR. Our VAT number is: 974 0263 17.
ACCESSING OUR SITE
Access to our Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.
You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.
INTELLECTUAL PROPERTY RIGHTS
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference.
You must not modify any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
RELIANCE ON INFORMATION POSTED
Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
OUR SITE CHANGES REGULARLY
We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
• All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
• Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
• loss of income or revenue;
• loss of business;
• loss of profits or contracts;
• loss of anticipated savings;
• loss of data;
• loss of goodwill;
• wasted management or office time; and
for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
This does not affect our liability for death or personal injury arising from our negligence, or our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.
INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE
TRANSACTIONS CONCLUDED THROUGH OUR SITE
Contracts for the supply of Products formed through our site or as a result of visits made by you are governed by our terms and conditions of sale. (please see below)
VIRUSES, HACKING AND OTHER OFFENCES
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
LINKING TO OUR SITE
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by you.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice.
If you wish to make any use of material on our site other than that set out above, please address your request to [email protected]
With respect to direct or indirect referrals to third-party Internet pages ("links") outside the author's area of responsibility, liability would come into force only if the author were aware of the content and if he/she were reasonably and technically able to prevent the use of illegal content. The author therefore expressly declares that the respective linked pages were free from illegal content at the time the links were placed. The author has no influence whatsoever on the current or future design or on the content of the linked/connected pages. Therefore, the author shall be exculpated from any damages arising from the content of any linked/connected pages that have been modified since the link has been placed. This applies to any links and referrals placed within the company's Internet content as well as to postings or messages to guestbooks, discussion boards and mailing lists set up by the author.
Solely the provider of the page linked to shall be liable for illegal, defective or incomplete content and particularly for damage arising from the use or non-use of such information; the provider of the page merely linking to the respective publication shall not be held liable for any such damage.
LINKS FROM OUR SITE
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
Online Content - We endeavour to ensure that the information provided on our Website in relation to our Products are as accurate as possible but there are times when errors arise. We assume no liability whatsoever for the topicality, correctness, completeness or quality of the information provided. All content is subject to change without notice and is non-binding and we expressly reserve the right to modify, supplement or delete parts of the pages or the entire content without prior advance notice, or to suspend or terminate publication.
Copyright and Trademark Law - We endeavour to respect the copyright of any graphics, audio files, video sequences and texts used in all publications, to use self-created graphics, audio files, video sequences and texts, or to make use of royalty-free graphics, audio files, video sequences and texts. Any brands and trademarks named in the Internet content that may be protected by third-party rights are fully subject to the provisions of the currently applicable trademark law and the possessory rights of the respective registered owner. The simple mention shall not be interpreted as such that brands are not protected by third-party rights. The author retains the copyright for any published objects that have been created by the author. The duplication or use of such graphics, audio files, video sequences and texts in other electronic or print publications is not permitted without the author's express approval.
Online Payment All payments on londonbird.com are processed via Paypal. London Bird assumes no liability whatsoever for the availability and functionality of these services. London Bird assumes no liability for any financial loss caused by the use of Paypal payment service. PayPal (Europe) S.à r.l. & Cie, S.C.A. (R.C.S. Luxembourg B 118 349) is duly licensed as a Luxembourg credit institution in the sense of Article 2 of the law of 5 April 1993 on the financial sector as amended (the “Law”) and is under the prudential supervision of the Luxembourg supervisory authority, the Commission de Surveillance du Secteur Financier.
JURISDICTION AND APPLICABLE LAW
The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.
If you have any concerns about material which appears on our site, please [email protected]
Thank you for visiting our site.
TERMS AND CONDITIONS
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (Products) listed on our website www.londonbird.com (our site) to you. Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
Please click on the button marked "I Accept" at the end of these terms and conditions if you accept them. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our site.
1. INFORMATION ABOUT US
1.1 www.londonbird.com is a site operated by London Bird Limited (Company number 7052771) whose registered office is at 7 Mill Lane, Abbots Worthy, Winchester, Hampshire, SO21 1DS. Our main trading address is 16 Elgin Crescent, London, W11 2JR. Our VAT number is: 974 0263 17.
2. YOUR STATUS
By placing an order through our site, you warrant that:
(a) you are legally capable of entering into binding contracts; and
(b) you are at least 18 years old;
3. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
3.1 After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (the Dispatch Confirmation). The contract between us (Contract) will only be formed when we send you the Dispatch Confirmation.
3.2 The Contract will relate only to those Products whose dispatch we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.
4. OUR STATUS
4.1 We may also provide links on our site to the websites of other companies from time to time. We cannot give any undertaking, that products you purchase from third party sellers which you are directed to through our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller. We will notify you when a third party is involved in a transaction, and we may disclose your customer information related to that transaction to the third party seller.
5. CANCELLATION OF ORDER
5.1 As a consumer you may not cancel your order with us at any time once the price has been paid for the Products in accordance with our refunds policy (set out in clause 10 below).
6. DELIVERY OPTIONS
6.1 The special delivery costs are as follows:-
Destination Service Cost Delivery Time
United Kingdom Central London Priority £15 Same Day
Next Day Delivery £8 1-2 Working Days
Europe Recorded Delivery £15 3-5 Working Days
International Priority £35 1-3 Working Days
Rest of World Recorded Delivery £20 3-7 Working Days
International Priority £35 2-3 Working Days
6.2 Your order will arrive beautifully packaged in London Bird jewellery boxes, delivered by a secure service and fully insured up to receipt by you. All orders will require a signature upon delivery.
6.3 London Bird reaches beyond the web, and has leading jewellery concessions in the heart of London. Each store specialise in different collections which means our dedicated staff may have to run around the stores to collate each order.
6.4 We aim to dispatch all packages within 24 hours but this may take slightly longer should an item be at one of our central London locations. During sale periods and other busy times dispatch may take up to 48 hours. Estimated delivery times are an estimate only and commence from dispatch date.
6.5 The Central London Priority service is only available to customers for delivery in London within zones 1-3. This service is not available at the weekends or after 2pm weekdays.
6.6 Any duty and taxes incurred in the country of destination are the sole responsibility of the customer and London Bird is not be responsible for any duty or taxes payable upon the Product entering any country specified for delivery.
6.7 For international orders, London Bird cannot be held responsible for any delays caused during destination customs clearance process.
7. RISK AND TITLE
7.1 The Products will be at your risk from the time of delivery.
7.2 Ownership of the Products will only pass to you when we receive full payment of the price due in respect of the Products, including delivery charges.
8. PRICE AND PAYMENT
8.1 You can only pay for Products using a debit card, credit card or PayPal. We accept the following cards: Visa, MasterCard and AMEX.
8.2 These prices shown when you checkout include VAT (if applicable) but exclude the appropriate delivery costs set out in clause 6, which will be added to the total amount due.
8.3 The price of Products may change at any time, but changes will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
8.4 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product's correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
8.5 We are under no obligation to provide any Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as an error in pricing.
8.6 Payment for all Products must be by credit or debit card and will be charged to your credit or debit card when you place your order.
9. REFUNDS, RETURNS AND EXCHANGE: If you are a consumer, you may have a legal right to cancel a Contract under the Consumer Protection (Distance Selling) Regulations 2000 (the “Regulations”). Advice about your legal right to cancel the Contract under those regulations is available from your local Citizens' Advice Bureau or Trading Standards office. However, this cancellation right does not apply in the case of any made-to-measure, personalised or custom-made Products. If you reject and return the Products to us under this clause because they are faulty or misdescribed, we will refund the price of a defective Product in full, any applicable delivery charges, and any reasonable costs you incur in returning the item to us (standard shipping). The return shipping costs shall never exceed the value of the Product in question. The buyer must attach the receipt for the return shipping costs if these are to be paid by London Bird Ltd.
9.1 AS THESE ITEMS ARE CONSIDERED CUSTOM MADE GOODS ALL SALES ARE FINAL.
10.1 We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for their purpose.
10.2 Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased.
10.3 This does not include or limit in any way our liability:
(a) For death or personal injury caused by our negligence;
(b) Under section 2(3) of the Consumer Protection Act 1987;
(c) For fraud or fraudulent misrepresentation; or
(d) For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
10.4 We are not responsible for indirect losses which may arise, including but not limited to:
(a) loss of income or revenue;
(b) loss of business;
(c) loss of profits or contracts.
11. IMPORT DUTY
11.1 If you order Products from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
11.2 Please also note that you must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable for any breach by you of any such laws.
12. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to us at [email protected] We may give notice to you at either the e-mail or postal address you provide to us when placing an order. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three (3) days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail that such e-mail was sent to the specified e-mail address of the addressee.
14. TRANSFER OF RIGHTS AND OBLIGATIONS
14.1 The Contract between you and us is binding on you and us and on our respective successors and assigns.
14.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
14.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
15. EVENTS OUTSIDE OUR CONTROL
15.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
15.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) Strikes, lock-outs or other industrial action.
(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
(e) Impossibility of the use of public or private telecommunications networks.
(f) The acts, decrees, legislation, regulations or restrictions of any government.
15.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
16.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
16.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
16.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 14 (www.practicallaw.com/A above.
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
18. ENTIRE AGREEMENT
18.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
18.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
18.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms and conditions.
19. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
19.1 We reserve the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
19.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
20. LAW AND JURISDICTION
Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.