Terms of Sale

Last updated: 1 April 2015

 

This page (together with our Terms of UsePrivacy Policy and Cookie Policy) tells you information about us and the legal terms and conditions (Terms) on which we sell any of the products (Products) listed on our website (our site) to you.

These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully and make sure that you understand them, before ordering any Products from our site. Please note that before placing an order you will be asked to agree to these Terms. Please click on the button marked “Submit payment & process order” on the “Secure checkout – Review order” page if you accept them. If you refuse to accept these Terms, you will not be able to order any Products from our site.

You should print a copy of these Terms or save them to your computer for future reference.

We may amend these Terms from time to time as set out in clause 7. Every time you wish to order Products, please check these Terms to ensure you understand the terms which will apply at that time.

These Terms, and any Contract between us, are only in the English language.

  1. Information about us

1.1 We operate the website www.theurbanbirder.com. We are The Urban Birder Limited, a company registered in England and Wales under company number  6133472 and with our registered office at 141 Wardour Street, London, W1F 0UT. Our main trading address is 141 Wardour Street, London, W1F 0UT. Our VAT number is 205227642.

1.2 To contact us for any reason, including if you have any complaint, please see our Contact Us page.

2 Our products

2.1 The images of the Products on our site are for illustrative purposes only and your Products may therefore vary slightly from those images.

2.2 The packaging of the Products may vary from that shown on images on our site.

2.3 All Products shown on our site are subject to availability. We will inform you by e-mail as soon as possible if the Product you have ordered is not available and we will not process your order.

3 How we use your personal information

3.1 We only use your personal information in accordance with our Privacy Policy. Please take the time to read our Privacy Policy, as it includes important terms which apply to you.

3.2 Save as may be varied by our Privacy Policy, we will in any case use the personal information you provide to us to:

  1. provide the Products;
  2. process your payment for such Products; and
  3. inform you about similar products or services that we provide, but you may stop receiving these at any time by contacting us.

3.3 You agree that we may pass your personal information to any Group Company or credit reference agency and, in the case of the credit reference agency, that they may keep a record of any search that they do. For the purposes of this clause, a Group Company is any holding company, including the ultimate holding company, of The Urban Birder Limited from time to time and any subsidiary from time to time of the ultimate holding company and The Urban Birder Limited.

4 If you are a consumer
This clause 4 only applies if you are a consumer.

4.1 As a consumer, you have legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office. Nothing in these Terms will affect these legal rights.

5 If you are a business customer
This clause 5 only applies if you are a business.

5.1 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use our site to purchase Products.

5.2 These Terms, our Privacy Policy and our Terms of Use constitute the entire agreement between you and us. You acknowledge that you have not relied on any statement, promise or representation made or given by or on behalf of us which is not set out in these Terms or any document expressly referred to in them.

6 How the contract is formed between you and us

6.1 For the steps you need to take to place an order on our site, please see our Help page.

6.2 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.

6.3 After you place an order, you will receive an e-mail from us acknowledging that we have received your order. However, please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 6.4.

6.4 We will confirm our acceptance to you by sending you an e-mail that confirms that the Products have been dispatched (Dispatch Confirmation). The Contract between us will only be formed when we send you the Dispatch Confirmation.

6.5 If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available or because of an error in the price on our site as referred to in clause 11.5, we will inform you of this by e-mail and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.

 

7 Our right to vary these terms

7.1 We may revise these Terms from time to time in the following circumstances:

  1. changes in how we accept payment from you;
  2. changes in relevant laws and regulatory requirements; or
  3. as we consider to be necessary in light of current trading and/or the general business environment, whether locally, nationally or internationally.

7.2 Every time you order Products from us, the Terms in force at that time will apply to the Contract between you and us.

7.3 Whenever we revise these Terms in accordance with this clause 7, we will keep you informed and give you notice of this by stating that these Terms have been amended and the relevant date at the top of this page.

 

8 Cancellation and returns
Consumer cancellation rights – clauses 
8.1 to 8.9 (inclusive) only apply to consumers.

8.1 If you are a consumer, you have a legal right to cancel an order under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below in clause 8.3. This means that during the relevant period if you change your mind or for any other reason you decide you do not want to keep a Product, you can notify us of your decision to cancel the order and receive a refund. If you cancel your order, we will try to stop it before the Product is dispatched to you but please be aware that this may not always be possible. Where we are unable to stop your Product from being dispatched please return it to us when you receive it, at which point we will process your refund in accordance with these Terms. Advice about your legal right to cancel the Contract under these regulations is available from your local Citizens’ Advice Bureau or Trading Standards office.

8.2  However, this cancellation right does not apply in the case of: (i) newspapers, periodicals or magazines; or (ii) audio or video recordings or computer products that have been unsealed..

8.3  Your legal right to cancel an order expires 14 days from the day after the day you receive: the Product (if your order is for a single item); or the last Product (if your order is for multiple items).

To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

8.4  Details of your legal right to cancel and an explanation of how to exercise it are also provided in the Dispatch Confirmation.

8.5  As a consumer, you will always have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by the returns policy in this clause 8 or these Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.

8.6  To cancel an order in accordance with your legal right to do so, please  Contact Us or let us know by email at sales@theurbanbirder.com or via our Contact Us page. Alternatively you can complete the dispatch note that you will receive with the Products and return it to us along with the Products. You may wish to keep a copy of your cancellation notification for your own records. If you have received the Products, please then promptly return the Products to us (if you have not done so already) not later than 14 days after the day on which you let us know that you wish to cancel the order. The deadline is met if you send back the products before the period of 14 days has expired. Unless the Product is faulty or not as described (in this case, see clause 8.9) you will be responsible for the direct cost of returning the Product to us. We will refund the price you paid for the Products in accordance with clause 8.7.

8.7  If you cancel your order we will:

  1. refund you the price you paid for the Products. Please note we are permitted by law to reduce your refund to reflect any reduction in the value of the Products, if this has been caused by your handling of them other than what is necessary to establish the nature, characteristics and functioning of the Products. If we have inadvertently been charged for the direct cost of returning the Product to us (e.g. where you have elected to ‘return to sender’), unless the Product is faulty or not as described we will deduct such direct cost from the refund you would otherwise have been entitled to;
  2. process the refund due to you as soon as possible and, in any case, within 14 days of: (i) if you have received the Product, the day your Product is returned to us in accordance with clause 8.6or, if earlier, the day you supply evidence of having sent the Products back; or (ii) if you have not received the Product, the day on which you gave us notice of cancellation as described in clause 8.6.

If you returned the Products to us because they were faulty or mis-described, please see clause 8.9.

8.8  We will refund you on the credit card or debit card used by you to pay. If you used vouchers to pay for the Product we may refund you in vouchers.

8.9  As you are a consumer, we are under a legal duty to supply Products that are in conformity with this Contract. As a consumer you will have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by the returns policy in this clause 8 or these Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.

 

8.10  Without prejudice to the consumer rights outlined in clauses 8.1 to 8.9 (inclusive), you may return a Product for a refund or exchange within 30 days of the date of your receipt of the Product. For more information concerning our returns procedure please go to Help – returns.

 

9 Delivery

9.1 Please note that timescales for delivery and delivery charges will vary depending on the availability of the Products and your address. Please allow for extra time for international deliveries.

9.2 We will use reasonable endeavours to fulfil your order by the estimated delivery date set out in the Dispatch Confirmation which will be within 30 days after the date of the Dispatch Confirmation unless the Products are pre-order or print on demand Products, in which case we will agree the relevant date with you. If we are unable to meet the estimated delivery date (where there is an Event Outside Our Control for example) we will contact you with a revised estimated delivery date.

9.3 Delivery will be completed when we deliver the Products to the address you gave us. We shall not be liable for delays or other disadvantages to the Customer, which result from an incorrect address being supplied at the time of order.

9.4 If no one is available at your address to take delivery, we will either leave you a note that the Products have been returned to our premises, in which case, please contact us to rearrange delivery, or the Products may be left by our carrier with a neighbour or elsewhere in a discreet and secure place which will be notified to you at the time of delivery.

9.5  If we are not able to deliver the whole of your order at one time due to operational reasons or shortage of stock, we will deliver the order in instalments. We will not charge you extra delivery costs for this. However, if you ask us to deliver your order in instalments, we may charge you extra delivery costs. Each instalment shall constitute a separate contract governed by these Terms. If we are late delivering an instalment or one instalment is faulty, that will not entitle you to cancel any other instalment.

9.6  The Products will be your responsibility from the completion of delivery.

9.7  You will own the Products only once we have received payment in full, including all applicable delivery charges.

10 International delivery

 

10.1  We deliver to the countries listed on this page (International Delivery Destinations). However there are restrictions on some Products for certain International Delivery Destinations, so please review the information on that page carefully before ordering Products.

10.2  If you order Products from our site for delivery to one of the International Delivery Destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.

10.3  You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.

10.4  You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.

 

11 Price of products and delivery charges

11.1  The prices of the Products will be as quoted on our site from time to time. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However if we discover an error in the price of Product(s) you ordered, please see clause 11.4 for what happens in this event.

11.2  Prices for our Products may change from time to time, but changes will not affect any order which we have confirmed with a Dispatch Confirmation.

11.3  The price of a Product includes VAT or an equivalent tax (where applicable) at the applicable current rate chargeable in the country of your assumed origin for the time being. However, if the rate of VAT or equivalent tax changes between the date of your order and the date of delivery, we will adjust the VAT or equivalent tax you pay, unless you have already paid for the Products in full before the change takes effect.

11.4  Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:

  1. where the Product’s correct price is less than the price stated on our site, we will charge the lower amount when dispatching the Products to you. However, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price; and
  2. if the Product’s correct price is higher than the price stated on our site, we will contact you as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.

12 How to pay

12.1  You can only pay for Products using a debit card or credit card. We accept the following cards:

  • VISA debit & credit card
  • MasterCard debit & credit card
  • PayPal
  • American Express

12.2  Payment for the Products is at the point of order.

 

13 Damaged or defective products

13.1  If the Products delivered to you are damaged or defective or are not what you ordered or you receive the incorrect quantity, you must notify us within 10 working days of the delivery in question. If you do not receive the Products ordered from us by the date of dispatch in the Dispatch Confirmation or thereafter within the timescales outlined at Help – Late Delivery you must notify us within 40 days of the date of dispatch. If you fail to notify us in accordance with this clause, we will not be liable to you. Provided you have notified us of a problem within the timescales outlined, we may, at our option: replace or repair the Product in question; refund to you the amount you paid for the Product in question to the original payment method or reimburse you with e-vouchers; or make good any shortage or non-delivery of the Products. Save as provided for by clause 13.2, this clause sets out our sole obligations to you in relation to any issues concerning the delivery or state of the Products.

13.2  If you are a consumer, this warranty is in addition to your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.

 

14 Our liability if you are a business


This clause 14 only applies if you are a business customer.

14.1 We only supply the Products for internal use by your business, and you agree not to use the Product for any re-sale purposes.

14.2 Nothing in these Terms limit or exclude our liability for:

  1. death or personal injury caused by our negligence;
  2. fraud or fraudulent misrepresentation;
  3. breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
  4. defective products under the Consumer Protection Act 1987.

14.3 Subject to clause 14.2, we will under no circumstances whatsoever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:

  1. any loss of profits, sales, business, or revenue;
  2. loss or corruption of data, information or software;
  3. loss of business opportunity;
  4. loss of anticipated savings;
  5. loss of goodwill; or
  6. any indirect or consequential loss.

14.4  Subject to clauses 14.2 and 14.3, our total liability to you in respect of all other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed 150% of the price of the Products.

14.5  Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.

 

15 Our liability if you are a consumer


This clause 15 only applies if you are a consumer.

15.1  If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if they were an obvious consequence of our breach or if they were contemplated by you and us at the time we entered into the Contract.

15.2  Unless otherwise expressly agreed by us, we only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or re-sale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

15.3  We do not in any way exclude or limit our liability for:

  1. death or personal injury caused by our negligence;
  2. fraud or fraudulent misrepresentation;
  3. any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
  4. any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
  5. defective products under the Consumer Protection Act 1987.

16  Events outside our control

16.1 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 an Event Outside Our Control. An Event Outside Our Control is defined below in clause 16.2.

16.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

16.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:

  1. we will contact you as soon as reasonably possible to notify you; and
  2. our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.

17  Communications between us

17.1 When we refer, in these Terms, to “in writing”, this will include e-mail.

17.2 If you wish to contact us in writing, or if any clause in these Terms requires you to give us notice in writing, you can send this to us by e-mail or by post (at your cost) to The Urban Birder Limited at PO Box 3957, Marlborough,Wiltshire, SN8 9ED. We will confirm receipt of this by contacting you in writing, normally by e-mail. If you are a consumer and exercising your right to cancel under clause 8, please see that clause for how to tell us this.

17.3 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.

17.4 If you are a business, please note that any notice given by you to us, or by us to you, will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three 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.

 

18 Other important terms

 

18.1  We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.

18.2  You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. However if you are a consumer and you have purchased a Product as a gift, you may transfer the benefit of our warranty in clause 13 to the recipient of the gift without needing to ask our consent.

18.3  This contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties Act) 1999 or otherwise. However, if you are a consumer, the recipient of your gift of a Product will have the benefit of our warranty at clause 13, but we and you will not need their consent to cancel or make any changes to these Terms.

18.4  Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

18.5  If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

18.6  These Terms are governed by English law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree to that the courts of England will have non-exclusive jurisdiction to resolve any dispute between us. For the avoidance of doubt, the United Nations Convention on the International Sale of Goods 1980 (Vienna Convention) shall not apply.