Terms & Conditions
These Terms and Conditions (“Terms”) are the terms and conditions on which My Fashion Birdcage agrees to sell Products on its Website.
1. Definitions
In these Terms the following expressions shall have the following meanings:- “Agreement” means any contract entered into pursuant to clause 2 which shall be governed by these Terms. “Product” means any sold via the Website. “We” means My Fashion Birdcage (and “our” and “us” shall be construed accordingly). "Website” means our website at www.myfashionbirdcage.com. “You” means the person to whom a Product is sold pursuant to these Terms (and “your” shall be construed accordingly).
2. Formation of Contract
2.1 The display of Products and prices on the Website constitutes an invitation to treat. No Agreement shall come into existence unless and until we accept your order. We reserve the right to accept or reject any order in our absolute discretion.
2.2 As and when we accept your order, the Agreement shall be to the exclusion of all other terms, conditions and representations whether written or oral.
2.3 We reserve the right to withdraw any Product displayed on the Website at any time before your order is accepted.
2.4 While we make every effort to describe and display every Product as accurately as possible, you should be aware that the colour and appearance on your display may be at variance with the actual colour and appearance of the product.
3. Prices & Payment
3.1 All prices on the Website are in Pounds Sterling and include VAT at the current rate.
3.2 Payment must be made in Pounds Sterling by Paypal or one of the following debit or credit cards: American Express, Visa, Visa Electron, Mastercard, Maestro or Solo.
4. Cancellation
4.1 If for any reason you wish to cancel your order you may do so up to the expiry of 7 working days beginning with the day after the day on which you receive the Product by giving us written notice in accordance with clause 7.3.
4.2 You must return the Product to the original location where the item was within 14 days of your notice of cancellation. You must pay for the cost of returning the Product. We recommend that you send it by recorded or special delivery. The Product must be returned to us in the same condition as that in which you received it i.e. including original tags, dust bag, care cards, receipts etc.
4.3 We will provide full refund minus the original delivery charges to you within 14 days of our receiving the returned Product.
5. Returns Policy
In addition to your right of cancellation under clause 4 and your other statutory rights, we will refund to you the price for the Product less postage and packing on the following conditions:
5.1 You have contacted us within 3 days of receiving the Product and received from us a return authorisation number;
5.2 you have paid all postage and packaging for the return of the Product; and
5.3 we have received the Product from you with all security tags still affixed and in the same condition as the Product was sent to you.
6. Limitation of Liability
6.1 Nothing in these Terms shall exclude or limit our liability for death or personal injury due to negligence.
6.2 To the fullest extent permitted by law, we shall not be liable to you under these Terms for any loss of profits, business, contracts, anticipated savings, wasted expenditure, goodwill or revenue or for any indirect or consequential loss or damage whatsoever howsoever arising out of or in connection with the performance of the Agreement or any breach by us thereof.
6.3 Subject to clause 6.1, our liability under these Terms shall be limited to a sum equivalent to the price paid by you.
7. General
7.1 The privacy of your personal data is important to us and we shall ensure that we comply with all relevant data protection legislation. However, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of information transmitted to the Website and any transmission is at your own risk. Once we receive your information, it will be stored on our secure servers and we will use strict procedures and security features to try to prevent unauthorised access.
7.2 We may send newsletters and other marketing communications to you from time to time. Please let us know if you would prefer not to receive these.
7.3 We shall all times keep your personal data confidential and we shall not, without your prior consent, disclose your personal data to any third party unless required to do so by law.
7.4 Any notice or other communication required to be given under these Terms by you to us shall be in writing and posted to us at the address set out above. We recommend that you use recorded or special delivery. Any notice sent by e-mail shall only be valid if acknowledged by us in writing.
7.5 Any notice or other communication required to be given under these Terms by us to you shall be in writing and sent by post or by e-mail to your last known address.
7.6 We shall not be liable to you for any loss or damage arising as a result of our being prevented from performing our obligations under these Terms by reason of circumstances beyond our reasonable control.
7.7 These Terms and the Agreement are governed by the laws of England and Wales and the parties agree to submit to the exclusive jurisdiction of the English Courts.