Trading Terms and Conditions of Little Bird Told Me Limited
These terms and conditions regulate the business relationship between you and us.
No person under the age of 18 years may purchase Goods. If you are under 18, please confer with an adult to make your purchase.
We are: Little Bird Told Me Limited.
Our registered address is: Unit N5 (Gate 6), Meltham Mills Industrial Estate, Meltham Mills Road, Meltham, West Yorkshire, HD9 4DS, United Kingdom.
You are: a visitor to Our Website / our customer.
The terms and conditions
1 – Definitions
In this agreement:
- “Carrier” means any person or business contracted by us to carry Goods from us to you, whether all or part of the distance.
- “Consumer” means any natural person who, in connection with this agreement, is acting for purposes which are outside his business.
- “Our Website” means the entire computing hardware and software installation that is or supports Our Website.
- “Goods” means any of the Goods we offer for sale on our Website.
- “Content” means any material in any form published on Our Website by us or any third party with our consent.
- “Material” means Content of any sort posted by you on Our Website.
2 – Our contract with you
These terms and conditions apply:
2.1 So far as the context allows, to you as a visitor to Our Website; and
2.2 in any event to you as a buyer or prospective buyer of our Goods.
2.3 We shall accept your order by e-mail confirmation. That is when our contract is made. Our message will also confirm details of your purchase and tell you when we shall despatch your order.
2.4 We may change these terms from time to time. The terms that apply to you are those posted here on Our Website on the day you order Goods.
2.5 Unfortunately, we cannot guarantee that Goods advertised on our website are available.
2.6 If we do not have all of the Goods you order in stock, we will offer you alternatives. If this happens you may:
2.6.1 accept the alternatives we offer;
2.6.2 cancel all or part of your order;
2.7 If in future, you buy Goods from us under any arrangement which does not involve your payment via Our Website, these terms still apply.
2.8 If we owe you money on account of your cancellation, we will credit the payment method you used to pay for your order as soon as reasonably practicable but in any event no later than 30 days from the date of cancellation of your order.
3 – Your account with us
3.1 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.
3.2 If you use the website, you are responsible for maintaining the confidentiality of your details and for preventing any unauthorised person from using your computer.
3.3 We reserve the right to refuse you access to Our Website.
4 – Price and Payment
4.1 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.
5 – Delivery
5.1 Deliveries will be made by a carrier instructed by us to the address stipulated in your order. If the courier is unable to deliver to the designated address, the courier is entitled to deliver the consignment to a neighbour, a concierge at the building address or a Pickup Location. Please note if an attempt to deliver an order to your address is made, we reserve the right to take a photograph of the outside of the property to assure you we were in the right geographical location to fulfil your order and confirm we had located the correct address. This photograph won’t be published or circulated, or used for any other purpose other than verification.
5.2 If we are unable to deliver your order after two calls by our carrier, your order may be returned to us (Little Bird Told Me). We will then wait for you to contact us before we refund you your money minus the return postage cost.
5.3 You give us permission to pass on your delivery details (including email address and/or home/mobile telephone number) to the carrier to enable the delivery to take place, and to enhance the delivery process by using the information to give notifications and geodata for that purpose. This may involve the courier sharing such details with limited third parties.
5.4 If we ourselves are not able to deliver your Goods within 20 days of the date of your order, we shall notify you by e-mail to arrange a later date for delivery and giving you the option of cancelling your order.
5.5 We may deliver the Goods in instalments if they are not all available at the same time for delivery.
5.6 Goods are sent at our risk until signed for by you or by any other person at the address you have given to us.
6 – Cancellation of order
6.1 Under the United Kingdom’s Distance Selling Regulations, you may cancel your order at any time before we dispatch your order, or within 7 working days of delivery.
6.2 If you cancel before we have sent the Goods, we will refund to you the price you paid for the Goods and the cost of delivery, if any.
6.3 If you cancel your order after we have dispatched the Goods, we will refund to you the price you paid for the goods, minus delivery charges (if any). First, you must return the Goods in the same condition in which you received them. We cannot refund your payment if the Goods have been used or damaged.
6.4 If you cancel your order after we have dispatched the Goods, you are responsible for the cost of returning them.
6.5 To assist us in identifying your Goods on receipt by us, we ask you to contact us for a Returns Authorisation Number, to be written on the parcel.
6.6 Refunds for cancellations and / or goods returned will be processed within 14 days.
6.7 This paragraph does not affect your rights in the event that the Goods are faulty.
7 – Foreign taxes, duties and import restrictions
7.1 LBTM are not responsible for any taxes and / or duties when shipping products to overseas countries where such taxes and / or duties are applicable.
7.2 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.
8 – Goods returned
8.1 If, for any reason, you are not completely satisfied with your purchase, you have 30 days (from the date you receive the goods) to contact us and request a Returns Authorisation Number (RAN). You must return the goods at your own cost, and we advise that you write the Returns Authorisation Number on the package being returned. We also request that:
8.1.1 Goods must be in their original condition, with all packaging intact.
8.1.2 Goods must be securely wrapped to avoid any damage to the product and packaging during transit.
8.1.3 If possible, please print our email confirmation to you, which will include the Returns Authorisation Number.
8.2 On receipt and inspection of your returned goods, we will issue a full refund of the purchase price (excluding any shipping costs) within 7 days.
8.3 In the unlikely event that the goods you receive are faulty, please contact our Customer Service Team within 30 days of receipt. We will review the issue and arrange a replacement or full refund, as necessary. We offer free collection of faulty goods, if applicable.
8.4 After 30 days of receipt, we’ll repair or replace the product in accordance with the terms of the Consumer Rights Act 2015.
9 – Disclaimers
9.1 We or our Content suppliers may make improvements or changes to Our Website, the Content, or to any of the Goods, at any time and without advance notice.
9.2 You are advised that Content may include technical inaccuracies or typographical errors. This is inevitable in any large website. We would be grateful if you bring to our immediate attention, any that you find.
9.3 We give no warranty and make no representation, express or implied, as to:
9.3.1 the adequacy or appropriateness of the Goods for your purpose;
9.3.2 any implied warranty or condition as to merchantability or fitness of the Goods for a purpose other than that for which the Goods are commonly used;
9.3.3 compatibility of Our Website with your equipment, software or telecommunications connection.
9.4 Our Website may contain links to other Internet websites outside our power and control. You acknowledge and agree that we shall not be liable in any way for the Content of any such linked website, nor for any loss or damage arising from your use of any such website.
9.5 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.
9.6 In any event, including the event that any term or condition or obligation on our part (“Implied Term”) is implied into these conditions by law, then our liability is limited to the maximum extent permitted by law, to the value of the goods or services you have purchased.
9.7 The above two sub paragraphs do not apply to a claim for personal injury.
10 – Content and Intellectual Property Rights
10.1 We will defend the intellectual property rights in connection with our Goods and Our Website, including copyright in the Content whether provided by us or by any other content provider (including copyright in: text, graphics, logos, icons, images, audio clips, digital downloads, data, and software).
10.2 We also claim copyright in the designs and compilation of all Content 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.
10.3 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 Content, in whole or in part.
10.4 You may not use our name or logos or trademarks or any other Content on any website of yours or that of any other person.
10.5 Subject to the other terms of this agreement, you may download or copy Content 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 Content.
11 – Your email address
11.1 You represent that any username or email address selected by you, when used alone or combined with a second or third level domain name, does not interfere with the rights of any third party and has not been selected for any unlawful purpose.
11.2 You acknowledge and agree that if we believe such selection does interfere with the rights of any third party or is being selected for any unlawful purpose, we may immediately suspend the use of such name or email address, and you will indemnify us for any claim or demand that arises out of your selection.
11.3 You acknowledge and agree that we shall not be liable to you in the event that we are ordered or required by a court or judicial authority, to desist from using or permitting the use of a particular domain name as part of a name or email address.
12 – System Security
12.1 We will do our best to maintain Our Website so that you have constant use, but there will be times when your use may be interrupted.
12.2 You agree that you will not, and will not allow any other person to violate or attempt to violate any aspect of the security of Our Website.
12.3 You may not use any software tool for the purpose of extracting data from our website.
12.4 You understand that any such violation is unlawful in many jurisdictions and that any contravention of law may result in criminal prosecution.
13 – Indemnity
13.1 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 Our Web Site, or the infringement by you, or by any other person using your computer, of any intellectual property or other right of any person.
14 – Miscellaneous provisions
14.1 When we communicate with you, we will do so by email. You agree that email communications are contractually binding in the same way as properly signed and dated paper sent by post.
14.2 Where we provide goods or services without specific charge to you, then it (or they) is deemed to be provided free of charge, and not to be associated with any other goods or service for which a charge is made. Accordingly, there is no contractual nor other obligation upon us in respect of those goods or service.
14.3 Nothing in this agreement or on Our Website shall confer on any third party any benefit under the provisions of the Contracts (Rights of Third Parties) Act 1999.
14.4 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.
14.5 No waiver by us, in exercising any right, power or provision in this agreement 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.
14.6 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.
14.7 We are not liable for any breach of our obligations resulting from causes beyond our reasonable control including strikes of our own employees.
14.8 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.