Terms of service
TERMS OF SERVICE
OVERVIEW
Welcome to Bird Folk.
Throughout these Terms of Service, the terms “Bird Folk”, “we”, “us” and “our” refer to Bird Folk.
Bird Folk operates this website and online store, including the information, content, features, tools, products and services made available through it (the “Services”). Our store is powered by Shopify, which enables us to provide the Services to you.
These Terms of Service, together with the policies referred to within them, explain the terms that apply when you access our website, use our Services or purchase products from Bird Folk.
Please read these Terms carefully before using our website or placing an order.
Nothing in these Terms affects any rights you have under applicable UK consumer law.
By accessing or using the Services, you agree to these Terms of Service and our Privacy Policy. If you do not agree to these Terms, you should not use the Services.
SECTION 1 – USING OUR WEBSITE
You may use our website only for lawful purposes.
When placing an order or creating an account, you agree to provide information that is accurate, current and complete.
You are responsible for maintaining the confidentiality and security of your account credentials and for activity carried out through your account.
You must not misuse our website, attempt to gain unauthorised access to it, introduce malicious software or interfere with the operation or security of the Services.
SECTION 2 – OUR PRODUCTS
We make reasonable efforts to ensure that product descriptions, photographs, dimensions, specifications and other information displayed on our website are accurate.
However, colours and appearance may vary depending on your screen, device and display settings.
For natural products, including natural wood products, variations in colour, grain, shape, texture and appearance may occur. Such natural variations do not necessarily constitute a defect.
Product packaging may occasionally vary from images displayed on our website where the product itself remains materially the same.
Measurements should be treated as approximate unless expressly stated otherwise.
We reserve the right to update product information, discontinue products or limit availability.
Nothing in this section limits your statutory rights, including your rights in relation to goods that are faulty, not as described or otherwise fail to meet applicable legal requirements.
SECTION 3 – ORDERS
When you place an order with Bird Folk, you are offering to purchase the products in your order.
We reserve the right to refuse or cancel an order where there is a legitimate reason to do so, including where a product is unavailable, payment cannot be authorised, we identify suspected fraud, or there has been an obvious error in the price or product information.
If we cannot fulfil an order after payment has been taken, we will refund the appropriate amount.
Please check your order carefully before submitting it, particularly measurements, quantities, delivery information and any personalisation or custom specifications.
Your rights to cancel or return an order are explained in our Returns & Refunds Policy.
SECTION 4 – PRICES AND PAYMENT
Prices displayed on our website are the prices payable by customers unless otherwise clearly stated.
Any applicable delivery charges will be displayed or calculated as part of the ordering process.
Prices, promotions and discounts may change from time to time. Changes will not normally affect orders that have already been accepted, except where permitted by law.
We take reasonable care to ensure prices are accurate. If we discover an obvious pricing error, we may contact you for instructions or cancel the affected order and provide an appropriate refund.
You agree to provide accurate and complete billing and payment information and confirm that you are authorised to use the payment method provided.
SECTION 5 – DELIVERY
Delivery options, charges and estimated delivery times may vary depending on the product, delivery location and method of fulfilment.
Some Bird Folk products may be dispatched directly by our suppliers, manufacturers or fulfilment partners.
Where products from the same order are fulfilled from different locations, they may arrive in separate deliveries.
Delivery dates and timeframes shown on our website are estimates unless we expressly agree otherwise.
We will take reasonable steps to deliver within the timeframe agreed with you and will comply with applicable consumer law concerning delivery.
For consumer purchases, responsibility for the goods remains with Bird Folk until the goods come into your physical possession, or the physical possession of a person you have identified to receive them, except where applicable law provides otherwise.
If there is a problem with delivery, please contact Bird Folk so that we can investigate it with the relevant carrier or fulfilment partner.
SECTION 6 – LARGE AND HEAVY PRODUCTS
Certain Bird Folk products, including some cages, aviaries and other large products, may require specialist, pallet or oversized delivery.
Customers are responsible for checking product dimensions and ensuring that there is suitable access to the intended delivery location.
Where relevant, delivery restrictions or additional requirements will be stated on the product page, during checkout or communicated before fulfilment.
Please contact us before ordering if you are unsure whether a large product can be delivered to your location.
SECTION 7 – PERSONALISED AND CUSTOM-MADE PRODUCTS
Some Bird Folk products may be personalised, commissioned or manufactured to a customer’s individual specifications.
You are responsible for checking information you provide for personalised or custom-made products, including names, spelling, photographs, artwork, dimensions and other specifications.
Where applicable law permits, genuinely personalised or custom-made products may be excluded from ordinary change-of-mind cancellation rights.
Full details are contained in our Returns & Refunds Policy.
Nothing in this section affects your statutory rights where a product is faulty, damaged or not as described.
SECTION 8 – INTELLECTUAL PROPERTY
Unless otherwise stated, the content made available through Bird Folk, including our branding, logos, product artwork, original designs, photographs, videos, text, graphics and website content, belongs to Bird Folk or is used by us with permission from the relevant rights holder.
You may use the website for your personal, non-commercial use.
You must not reproduce, distribute, sell, republish or commercially exploit our protected content without permission, except where permitted by law.
Third-party names, trademarks, product images and other intellectual property remain the property of their respective owners.
Shopify’s name, trademarks and intellectual property remain the property of Shopify and its respective rights holders.
SECTION 9 – THIRD-PARTY SERVICES AND LINKS
Our Services may contain links to third-party websites or make use of services provided by third parties.
We do not control third-party websites and are not responsible for their independent content, policies or practices.
Where third-party services are used to provide functionality such as payments, delivery or other website features, their own applicable terms and policies may also apply.
Nothing in this section removes any responsibility Bird Folk has to you under applicable consumer law in relation to products you purchase from Bird Folk.
SECTION 10 – RELATIONSHIP WITH SHOPIFY
Bird Folk is powered by Shopify, which enables us to provide the Services to you.
However, purchases made from Bird Folk are transactions directly between you and Bird Folk. Shopify is the ecommerce platform provider and is not the seller of products purchased from Bird Folk.
Shopify has its own terms and privacy practices that may apply to its processing of information and provision of its platform services.
SECTION 11 – PRIVACY
Personal information collected through our Services is handled in accordance with our Privacy Policy.
Because our store is hosted by Shopify, Shopify may also process personal information in connection with providing and improving its platform and related services.
We may also share information with service providers where reasonably necessary to process payments, fulfil orders, arrange delivery, provide customer service, prevent fraud, handle returns or refunds, or otherwise operate Bird Folk.
Please see our Privacy Policy for further information.
SECTION 12 – REVIEWS, FEEDBACK AND CUSTOMER CONTENT
If you voluntarily submit a product review, photograph, feedback or other content to Bird Folk, you confirm that you have the right to provide that content and that it does not unlawfully infringe the rights of another person.
You must not knowingly submit unlawful, defamatory, misleading, abusive or malicious content.
Where you submit content for publication, you grant Bird Folk permission to use, reproduce and display that content in connection with operating and promoting Bird Folk, subject to applicable law and our Privacy Policy.
We reserve the right to moderate or remove customer-submitted content where reasonably appropriate.
SECTION 13 – ERRORS AND INACCURACIES
Occasionally our website may contain typographical errors, inaccuracies or omissions relating to matters such as product descriptions, specifications, prices, promotions, availability, delivery charges or estimated delivery times.
We may correct errors and update information when they are identified.
Where an error affects an order you have already placed, we will deal with the matter fairly and in accordance with applicable consumer law.
SECTION 14 – PROHIBITED USES
You must not use our Services:
- for unlawful or fraudulent purposes;
- to infringe our intellectual property rights or those of another person;
- to transmit malicious code;
- to attempt unauthorised access to our systems;
- to collect personal information unlawfully;
- to impersonate another person;
- to interfere with the security or operation of the Services;
- to submit deliberately false or misleading information; or
- to use automated systems to access, scrape or extract substantial amounts of website content in a manner that is unlawful or materially interferes with the operation of the Services.
We may restrict access to the Services where reasonably necessary to protect Bird Folk, our customers or our systems.
SECTION 15 – AVAILABILITY OF THE WEBSITE
We aim to keep the Services available and functioning correctly, but we cannot guarantee that the website will always be uninterrupted or error-free.
We may temporarily suspend or restrict access for maintenance, security, technical or operational reasons.
Nothing in this section affects your rights concerning an order or purchase already made.
SECTION 16 – LIABILITY AND CONSUMER RIGHTS
Nothing in these Terms excludes or limits liability where doing so would be unlawful.
In particular, nothing in these Terms excludes or restricts your statutory rights relating to goods that are faulty, not as described, of unsatisfactory quality or otherwise fail to comply with applicable consumer law.
Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot legally be excluded or limited.
Where you purchase products as a consumer, these Terms are not intended to deprive you of protections provided by applicable consumer law.
SECTION 17 – RETURNS, REFUNDS AND CANCELLATIONS
Returns, refunds and cancellations are governed by our Returns & Refunds Policy together with your statutory rights.
Where there is any conflict between these Terms and rights that cannot legally be excluded under applicable consumer law, those statutory rights take precedence.
SECTION 18 – SEVERABILITY
If any provision of these Terms is found to be unlawful, invalid or unenforceable, that provision will be treated as removed or limited to the minimum extent necessary.
The remaining provisions will continue in effect.
SECTION 19 – WAIVER
If we do not immediately enforce a provision of these Terms, this does not mean that we have waived our right to enforce it later.
SECTION 20 – GOVERNING LAW
These Terms and contracts between you and Bird Folk are governed by the laws applicable in England and Wales.
If you are a consumer resident elsewhere in the United Kingdom, you may also benefit from mandatory consumer protections and rights to bring proceedings available to you under the law applicable to your place of residence.
Nothing in these Terms removes any mandatory legal rights available to you.
SECTION 21 – CHANGES TO THESE TERMS
We may update these Terms from time to time to reflect changes to our Services, business practices or applicable requirements.
The current version will be published on this page.
Changes will not retrospectively remove rights that have already arisen under an existing order where doing so would be unlawful.
SECTION 22 – CONTACT INFORMATION
Questions about these Terms of Service can be sent to:
Bird Folk
Email: birdfolkuk@gmail.com
Further business contact information is available on our Contact Information page.