Terms and Conditions of Trade
“We” “Our” and “Us” mean Bowerbird Art Metalwork Limited (Company Registration number 07600444) whose registered office is situate 25 Trowers Way, Redhill, Surrey. RH1 2LH.
“EU” means Member states of the European Union
“Trading Address” means 25 Trowers Way, Redhill, Surrey. RH1 2LH
“UK” means The United Kingdom
1 The contract between us
1.1 Orders are placed by adding goods to the cart
1.2 Once this is done you will be given an option to continue shopping or check out. If you elect to continue to shop you will be able to either add further goods to the cart, remove them or check out
1.3 When you elect to check out you will then be given the option to proceed as a guest or register as a customer
1.4 If you elect to proceed as a guest you will be prompted to
1.4.1 Enter your personal details
1.4.2 Pick the shipping method, if an option is available
1.4.3 Log-in to your Paypal account
1.4.4 Review you order
1.4.5 Read or print these terms and conditions and finally
1.4.6 Accept or reject your order
1.5 If your elect to register as a customer you will be prompted to insert your personal details and pick a user name and password once you have entered this information the procedure to place an order will then follow clause 1.4.2 to 1.4.6
1.6 If you elect to register as a customer We will only store your name, address, telephone number, email address and password. We will not store your Debit or Credit Card details
1.7 Once you are registered as a customer and then wish to place further orders with Us when you elect to check out you will be prompted to insert your customer registration details and password> You will then be prompted to follow the procedure set out in clause 1.4.2 to 1.4.6
1.8 We must receive payment of the whole of the price for the goods that you order before your order can be accepted. Once payment has been received by us We will confirm that your order has been accepted by sending an email which will include a tracking number to you at the email address you provide in your order form. Our acceptance of your order brings into existence a legally binding contract between us.
1.9 Orders are accepted on the basis that should the goods not be available We will within 14 days from the date that
We receive payment refund the purchase price to you.
2 Price, Payment and VAT
2.1 The prices payable for goods that you order are as set out on the website and includes UK VAT at the rate prevailing from time to time
2.2 You will be required to pay extra for delivery.
2.3 Our delivery charges are set out on our website for delivery within the EU although it might not always be possible for us to deliver to some locations.
2.4 Payment is to be made in pounds Sterling.
2.5 For non Sterling Credit and or Debit card providers, Banks will determine the exchange rate and may add an additional processing or administration charge which the cardholder will be responsible to pay.
2.6 Where you are not a UK resident and you have requested delivery to a non-EU address, the goods will normally be zero-rated and not subject to UK VAT, but the price paid by you for the goods will remain the same as shown on Our Website.
2.7 If you are a non-UK resident and wish to claim back VAT on orders for delivery outside the EU and or arrange delivery to a non-EU address you should not place your order via Our Website but instead you should contact us by telephone or email to obtain your delivery options and the associated cost of delivery details of which will be emailed to you.
3 Right for you to cancel your contract
3.1 You may cancel your contract with us for the goods you order at any time up to the end of the fourteenth day from the date you receive the ordered goods. You do not need to give us any reason for cancelling your contract nor will you have to pay any penalty.
3.2 You cannot cancel your contract if the goods you have ordered are either made to your specification, are personalised for you or are earrings or other goods used for body piercings and the seal is broken on the box in which the goods are delivered to you. In the case of all other goods you may cancel the contract within the time period set out in clause 3.1 provided that the goods have not been worn. This is for reasons of Hygiene and Health and Safety.
3.3 To cancel your contract you must notify us either in writing by Recorded or Special Delivery post to our Trading Address or by email to annie@bowerbird.uk.com
3.4 If you have received the goods before you cancel your contract then unless, under clause 3.2 you do not have a right to cancel you must send the goods back to our Trading Address at your own cost and risk.
3.5 If you cancel your contract but We have already despatched the goods for delivery you so that they are in transit you must not unpack the goods when they are received by you and you must send the goods back to us at our Trading Address at your own cost and risk as soon as possible.
3.6 Once you have notified us that you are cancelling your contract prior to delivery of the goods, any sum charged by us to your debit or credit card will be credited to such card as soon as possible and in any event within 14 days of your order and where the goods have been delivered within 14 days of us receiving the return of the goods provided that the goods in question are returned by you and received by us in the condition they were in when delivered to you. If you do not return the goods delivered to you or do not pay the costs of delivery, We shall be entitled to deduct the direct costs of recovering the goods from the amount to be credited to you.
3.7 In the event that any Certified diamond is returned to us without their Certificate of Authenticity We will deduct from any refund due to you the direct cost incurred by is to replace the applicable certificate which is estimated to be a minimum of £150.00 plus UK VAT.
4 Cancellation by us
4.1 We reserve the right to cancel the contract between us if:
4.1.1 We have insufficient stock to deliver the goods you have ordered;
4.1.2 We do not deliver to your area; or
4.1.3 one or more of the goods you ordered was listed at an incorrect price due to a typographical error or an error in the pricing information received by us from our suppliers.
4.2 If We cancel your contract We will notify you by email and will credit to your account any sum deducted by us from your debit or credit card as soon as possible but in any event within 14 days of your order. We will not be obliged to offer any additional compensation for any financial loss howsoever caused or disappointment suffered by you.
4.3 In the event that the goods have been miss priced in accordance with clause 4.1.3 you shall be given the
option of accepting the goods at the correct price or receiving a refund if you have already paid for them. In the event
of you electing to cancel your order for any reason set out in this clause the price paid by you shall be refunded to
you within 14 days from the date that you elect to cancel the order.
5 Ring Sizes
5.1 Are approximate to UK industry standards.
5.2 Ring widths are measured at the widest point of the shank
5.3 Rings can be re-sized upon request at additional cost
5.4 Prices quoted are applicable to UK size L-M
6 Delivery of goods to you
6.1 When We acknowledge your order in accordance with clause 1.2 We will include a tracking number to allow you to monitor delivery of the goods
6.2 We will deliver the goods ordered by you to the address in the EU that you give us for delivery at the time you make your order.
6.3 Delivery will be made as soon as possible after your order is accepted and in any event within 30 days of your order being accepted by Us.
6.4 Deliveries in the UK will be made by Royal Mail Special Delivery post and elsewhere by Fed Ex (Federal Express Corporation, its subsidiaries and branches)
6.5 You will become the owner of the goods you have ordered when a postage receipt is issued to us by
Royal mail or the goods are collected from us by Fed Ex. From this point the goods will be at your risk and We will not be liable for their loss, damage or destruction.
6.6 Goods may be collected or returned to us in person at our Trading Address strictly by prior appointment.
6.7 For deliveries outside of the EU you must contact us in accordance with clause 2.7
7 Quality of the goods to be supplied
7.1 The Seller warrants, represents, undertakes and guarantees that the Goods supplied under this agreement
will be free from defects, manifest or latent, in materials and workmanship; conform with the specifications, drawings, and descriptions given in Our Website and be free from design defects; and be suitable, in every aspect, for the purpose for which such goods are generally sold in the UK Jewellery industry
8 Liability
8.1 If the goods We deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, We shall have no liability to you unless you notify us in writing by Recorded or Special Delivery post to our Trading Address or by email to annie@bowerbird.uk.com of the problem within 7 days of the delivery of the goods in question.
8.2 If you do not receive the goods ordered within 30 days of the date on which you ordered them, We shall have no liability to you unless you notify us in writing by Recorded or Special Delivery post to our Trading Address or by email to anniewithin 40 days of the date on which you ordered the goods.
8.3 If you notify a problem to us under clauses 8.1 or 8.2 above, our only obligation will be, at your option:
8.3.1 to make good any shortage or non-delivery;
8.3.2 to replace or repair any goods that are damaged or defective; or
8.3.3 to refund to you the amount paid by you for the goods in question.
8.4 Save as precluded by law, We will not be liable to you for any indirect or consequential loss, damage or expenses (including loss of profits, business or goodwill) howsoever arising out of any problem you notify to us under this condition and We shall have no liability to pay any money to you by way of compensation other than to refund to you the amount paid by you for the goods in question under clause 8.3 above.
8.5 You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase goods from our site. The importation or exportation of certain of our goods to you may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the goods you purchase.
8.6 Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any rights you might have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.
9 Customs
9.1 When ordering products from Us for delivery outside of the EU you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you; We have no control over these charges. Customs policies vary widely from country to country, so you should contact your local customs office for further information. Additionally, please note that when ordering from Us, you are considered the importer and must comply with all laws and regulations of the country in which you are receiving the goods. Your privacy is important to us and We would like our international customers to be aware that cross-border deliveries are subject to opening and inspection by customs authorities.
10 Notices and Complaints
10.1 Unless otherwise expressly stated in these terms and conditions, all notices from you to us must be in writing by Recorded or Special Delivery post to our Trading Address or by email to annie@bowerbird.uk.com and all general notices from us to you will be displayed on our Website or if specific to your order emailed to you at the email address provided with your order.
11 Events beyond our control
11.1 We shall have no liability to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
12 Invalidity
12.1 If any part of these terms and conditions is unenforceable (including any provision in which We exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
13 Waiver
13.1 No inaction, omission, failure or delay by Us in exercising or securing the enforcement or validity of any right, power, privilege or demand arising under or in connection with this agreement, and no single or partial exercise of any such right, power, privilege or demand shall impair the existence, operation, content, effect and enforcement of the said right, power, privilege or demand, or operate as a waiver of it.
13.2 The rights and remedies provided in this Agreement are cumulative and (subject to clause 8) not
exclusive of any rights and remedies provided by law.
14 Intellectual Property
14.1 You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all materials and/or content made available as part of your use of this Website shall remain at all times vested in Us or our licensors. You are permitted to use this material only as expressly authorised by Us or our licensors
14.2 You acknowledge and agree that the material and content contained within this Website is made available for your personal non-commercial use only and that you may only download such material and content for the purpose of using this Website. You further acknowledge that any other use of the material and content of this Website is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
15 Cookies
15.1 When you enter Our Website, We will use cookies which are small text files that identify your computer to our servers. These cookies in no way allow us access to your computer and do not store any details relating to you or your debit or credit cards. They are used to record the areas of the site that you have visited and for how long, which provides us with useful information that helps us make our site more accessible to our users pursuant to their requirements. The use of cookies helps us to improve the quality of service that We provide.
15.2 Cookies are placed on your computer if your browser is set to allow these. If you wish to ‘turn off’ cookies, then please check your browser’s help files for guidance on how to do so. The Help section is usually found in the Menu bar at the top of the browser. Some browsers provide help if the F1 key is pressed. However, you may lose some of the functionality of our Website.
16 Third party rights
16.1 Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the United Kingdom Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
17 Data Protection and Privacy
17.1 Any data provided by you is stored in accordance with the requirements of the Data Protection Act 1984 and 1998 and will not be divulged to third parties save as required by law.
18 Entire agreement
18.1 These terms and conditions, together with our current Website prices, delivery details, contact details and privacy policy, set out the whole of our agreement relating to the supply of the goods to you by us. Nothing said by any sales person on our behalf should be understood as a variation of these terms and conditions or as an authorised representation about the nature or quality of any goods offered for sale by us. Save for fraud or fraudulent misrepresentation, We shall have no liability for any such representation being untrue or misleading.
19 Miscellaneous
19.1 These terms and conditions are only available in English and may be down loaded and printed by you Payments are accepted by most debit and credit cards
20 Governing law
20.1 The contract between us shall be governed by and interpreted in accordance with English law and the English courts shall have sole jurisdiction to resolve any disputes between us