All orders are made to measure, and so there is an approximate wait of 1-2 weeks from time of order until delivery.  I am very happy to answer questions about waiting times, and where possible will try to make your item sooner than that.  You can contact me either through my Facebook page www.facebook.com/irisbluebird  or through my contact page here.

Please be sure you enter the correct size and requirements when placing your order, as I am unable to accept returns for custom/semi-custom made items.

If you find the size is incorrect, I will rethread it for £6 for a child sized anklet or adult bracelet, £7.50 for child sized necklace, and £10 for an adult necklace to cover my time and any extra materials needed.

If your jewellery breaks within the first 6 months of purchase, please contact me and I will repair free of charge.

For breakages outside of this time I offer a re-thread service available through the shop.

I cannot accept responsibility for items lost or damaged in the post, please always use a padded jiffy style envelope and a large stamp.

I hand make all my customs/semi-custom pieces myself.  For all amber and Hazel wood, I knot between each bead to protect the beads, and  so that in the event of breakage, beads do not scatter.  For children’s amber, I use barrel screw clasps which are smooth clasps that cannot be easily pulled apart.

 EU Toy safety regulations EN-71-1 states necklaces and anklets are not suitable for use as toys for children under 36 months. My necklaces and anklets are not toys and are not made or sold with the intention of being used as toys. All jewellery including amber jewellery is classed by Trading Standards as Accessories, they contain small parts which are a potential choking risk, therefore not intended for children under 36 months.

Safety Advice for Children’s Jewellery

  • Always wear under supervision and remove for naps/bedtime.
  • Keep out of child’s reach when not in use.
  • Examine jewellery regularly to ensure there are no signs of damage.
  • Remove when bathing or swimming. Over time water will weaken the thread and could cause breakage.
  • Do not allow your child to place the jewellery in their mouths or suck/chew the beads.

Whilst I believe gemstones, Amber and Hazelwood to be amazing and powerful, my jewellery should not be considered as a substitute for conventional medicine. If you have any kind of health issue, you should consult your doctor. I would like to advise that when I talk about, post or give advice relating to the healing properties of crystals and stones, this is my own personal beliefs and the results of my research. Although a crystal or stone is alleged to have one or more healing properties, either physical, mental, emotional or spiritual, it does not mean that you will definitely experience or benefit from these properties. Any information you receive, whether orally, in written form or electronically relating to crystals and stones purchased from Iris Bluebird, should be received and understood in the above context.

Privacy policy

1. Introduction

1.1 We are committed to safeguarding the privacy of our website visitors; in this policy we explain how we will treat your personal information.

1.2 We will ask you to consent to our use of cookies in accordance with the terms of this policy when you first visit our website. / By using our website and agreeing to this policy, you consent to our use of cookies in accordance with the terms of this policy.

2. Credit

2.1 This document was created using a template from SEQ Legal (http://www.seqlegal.com).

3. Collecting personal information

3.1 We may collect, store and use the following kinds of personal information:

(a) information about your computer and about your visits to and use of this website (including your IP address, geographical location, browser type and version, operating system, referral source, length of visit, page views and website navigation paths);

(b) information that you provide to us when registering with our website (including your email address])

(c) information that you provide when completing your profile on our website (including your name, profile pictures, gender, date of birth, relationship status, interests and hobbies, educational details and employment details);

(d) information that you provide to us for the purpose of subscribing to our email notifications and/or newsletters (including your name and email address)

(e) information that you provide to us when using the services on our website, or that is generated in the course of the use of those services (including the timing, frequency and pattern of service use);

(f) information relating to any purchases you make of our[goods / services / goods and/or services or any other transactions that you enter into through our website (including your name, address, telephone number, email address and card details)

(g) information that you post to our website for publication on the internet (including your user name, your profile pictures and the content of your posts)

(h) information contained in or relating to any communication that you send to us or send through our website (including the communication content and metadata associated with the communication)

(i) any other personal information that you choose to send to us

3.2 Before you disclose to us the personal information of another person, you must obtain that person’s consent to both the disclosure and the processing of that personal information in accordance with this policy.

4. Using personal information

4.1 Personal information submitted to us through our website will be used for the purposes specified in this policy or on the relevant pages of the website.

4.2 We may use your personal information to:

(a) administer our website and business

(b) personalise our website for you

(c) enable your use of the services available on our website

(d) send you goods purchased through our website

(e) supply to you services purchased through our website

(f) send statements, invoices and payment reminders to you, and collect payments from you

(g) send you non-marketing commercial communications

(h) send you email notifications that you have specifically requested

(i) send you our email newsletter, if you have requested it (you can inform us at any time if you no longer require the newsletter)

(j) send you marketing communications relating to our business, by email or similar technology (you can inform us at any time if you no longer require marketing communications)

(k) provide third parties with statistical information about our users (but those third parties will not be able to identify any individual user from that information)

(l) deal with enquiries and complaints made by or about you relating to our website

(m) keep our website secure and prevent fraud

(n) verify compliance with the terms and conditions governing the use of our website (including monitoring private messages sent through our website private messaging service)

4.3 If you submit personal information for publication on our website, we will publish and otherwise use that information in accordance with the licence you grant to us.

4.4 Your privacy settings can be used to limit the publication of your information on our website, and can be adjusted using privacy controls on the website.

4.5 We will not, without your express consent, supply your personal information to any third party for the purpose of their or any other third party’s direct marketing.

4.6 All our website financial transactions are handled through our payment services provider, Paypal.  You can review the provider’s privacy policy at www.paypal.com. We will share information with our payment services provider only to the extent necessary for the purposes of processing payments you make via our website, refunding such payments and dealing with complaints and queries relating to such payments and refunds.

5. Disclosing personal information

5.1 We may disclose your personal information to our insurers, professional advisers, agents, suppliers  insofar as reasonably necessary for the purposes set out in this policy.

5.2 

5.3 We may disclose your personal information:

(a) to the extent that we are required to do so by law;

(b) in connection with any ongoing or prospective legal proceedings;

(c) in order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk);

(d) to the purchaser (or prospective purchaser) of any business or asset that we are (or are contemplating) selling; and]

(e) to any person who we reasonably believe may apply to a court or other competent authority for disclosure of that personal information where, in our reasonable opinion, such court or authority would be reasonably likely to order disclosure of that personal information.

5.4 Except as provided in this policy, we will not provide your personal information to third parties.

6. International data transfers

6.1 Information that we collect may be stored and processed in and transferred between any of the countries in which we operate in order to enable us to use the information in accordance with this policy.

6.2 Information that we collect may be transferred to the following countries which do not have data protection laws equivalent to those in force in the European Economic Area: the United States of America, Russia, Japan, China and India.

6.3 Personal information that you publish on our website or submit for publication on our website may be available, via the internet, around the world. We cannot prevent the use or misuse of such information by others.

6.4 You expressly agree to the transfers of personal information described in this Section 6.

7. Retaining personal information

7.1 This Section 7 sets out our data retention policies and procedure, which are designed to help ensure that we comply with our legal obligations in relation to the retention and deletion of personal information.

7.2 Personal information that we process for any purpose or purposes shall not be kept for longer than is necessary for that purpose or those purposes.

7.3 Without prejudice to Section 7.2, we will usually delete personal data falling within the categories set out below at the date/time set out below:

(a) [personal data type] will be deleted [date/time; and]

(b) [repeat as necessary.]

7.4 Notwithstanding the other provisions of this Section 7, we will retain documents (including electronic documents) containing personal data:

(a) to the extent that we are required to do so by law;

(b) if we believe that the documents may be relevant to any ongoing or prospective legal proceedings; and

(c) in order to establish, exercise or defend our legal rights (including providing information to others for the purposes of fraud prevention and reducing credit risk).

8. Security of personal information

8.1 We will take reasonable technical and organisational precautions to prevent the loss, misuse or alteration of your personal information.

8.2 We will store all the personal information you provide on our secure (password- and firewall-protected) servers.

8.3 All electronic financial transactions entered into through our website will be protected by encryption technology.

8.4 You acknowledge that the transmission of information over the internet is inherently insecure, and we cannot guarantee the security of data sent over the internet.

8.5 You are responsible for keeping the password you use for accessing our website confidential; we will not ask you for your password (except when you log in to our website).

9. Amendments

9.1 We may update this policy from time to time by publishing a new version on our website.

9.2 You should check this page occasionally to ensure you are happy with any changes to this policy.

9.3 We may notify you of changes to this policy [by email or through the private messaging system on our website].

10. Your rights

10.1 You may instruct us to provide you with any personal information we hold about you; provision of such information will be subject to:

(a) the payment of a fee (currently fixed at GBP 10); and

(b) the supply of appropriate evidence of your identity (for this purpose, we will usually accept a photocopy of your passport certified by a solicitor or bank plus an original copy of a utility bill showing your current address).

10.2 We may withhold personal information that you request to the extent permitted by law.

10.3 You may instruct us at any time not to process your personal information for marketing purposes.

10.4 In practice, you will usually either expressly agree in advance to our use of your personal information for marketing purposes, or we will provide you with an opportunity to opt out of the use of your personal information for marketing purposes.

11. Third party websites

11.1 Our website includes hyperlinks to, and details of, third party websites.

11.2 We have no control over, and are not responsible for, the privacy policies and practices of third parties.

12. Updating information

12.1 Please let us know if the personal information that we hold about you needs to be corrected or updated.

13. Cookies

13.1 Our website uses cookies.

13.2 A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server.

13.3 Cookies may be either “persistent” cookies or “session” cookies: a persistent cookie will be stored by a web browser and will remain valid until its set expiry date, unless deleted by the user before the expiry date; a session cookie, on the other hand, will expire at the end of the user session, when the web browser is closed.

13.4 Cookies do not typically contain any information that personally identifies a user, but personal information that we store about you may be linked to the information stored in and obtained from cookies.

13.5 We use only session cookies / only persistent cookies / both session and persistent cookieson our website.

13.6 The names of the cookies that we use on our website, and the purposes for which they are used, are set out below:

(a) we use on our website to recognise a computer when a user visits the website / track users as they navigate the website / enable the use of a shopping cart on the website / improve the website’s usability / analyse the use of the website / administer the website / prevent fraud and improve the security of the website / personalise the website for each user 

13.7 Most browsers allow you to refuse to accept cookies; for example:

(a) in Internet Explorer (version 11) you can block cookies using the cookie handling override settings available by clicking “Tools”, “Internet Options”, “Privacy” and then “Advanced”;

(b) in Firefox (version 36) you can block all cookies by clicking “Tools”, “Options”, “Privacy”, selecting “Use custom settings for history” from the drop-down menu, and unticking “Accept cookies from sites”; and

(c) in Chrome (version 41), you can block all cookies by accessing the “Customise and control” menu, and clicking “Settings”, “Show advanced settings” and “Content settings”, and then selecting “Block sites from setting any data” under the “Cookies” heading.

13.8 Blocking all cookies will have a negative impact upon the usability of many websites.

13.9 If you block cookies, you will not be able to use all the features on our website.

13.10 You can delete cookies already stored on your computer; for example:

(a) in Internet Explorer (version 11), you must manually delete cookie files (you can find instructions for doing so at http://windows.microsoft.com/en-gb/internet-explorer/delete-manage-cookies#ie=ie-11);

(b) in Firefox (version 36), you can delete cookies by clicking “Tools”, “Options” and “Privacy”, then selecting “Use custom settings for history” from the drop-down menu, clicking “Show Cookies”, and then clicking “Remove All Cookies”; and

(c) in Chrome (version 41), you can delete all cookies by accessing the “Customise and control” menu, and clicking “Settings”, “Show advanced settings” and “Clear browsing data”, and then selecting “Cookies and other site and plug-in data” before clicking “Clear browsing data”.

13.11 Deleting cookies will have a negative impact on the usability of many websites.

14. Data protection registration

14.1 We are registered as a data controller with the UK Information Commissioner’s Office.

14.2 Our data protection registration number is 

15. Our details

15.1 This website is owned and operated by Hannah Cairns.

15.2 We are registered in England and Wales]under registration number  and our registered office is at Mevagissey Cornwall

15.3 Our principal place of business is at Mevagissey Cornwall

15.4 You can contact us by writing to the business address given above or by using our website contact form. 

 

Terms and Conditions of Supply of Iris Bluebird

Introduction

www.irisbluebird.uk is owned and operated by Beads for Mamas, a company registered in England and wales under company number and business address at Pentillie, Mevagissey, and vat number is

Please read these terms and conditions carefully before placing an order. By purchasing products on this site, you agree to be bound by these terms and conditions. If you are not willing to be bound by these terms and conditions please do not purchase products on this site.

Changes to terms

We reserve the right, at our discretion, to modify, add, or remove any or all of these terms and conditions at any time and each such change shall be effective immediately upon posting.

Please check these terms and conditions periodically for changes.

Your continued use of this site and purchase of products on this site following the posting of changes to these terms and conditions will mean you accept those changes. Please check the terms before every purchase.

If the revised terms apply to your order, we will notify you of the changes. If you intend to cancel the Contract with us upon such changes, you may cancel either in respect of all the affected Products or just the Products you are yet to receive. If you opt to cancel, you shall return (at our cost) relevant Products you have already received and we will refund the price you have paid, including any delivery charges.

Privacy policy and Acceptable use policy

Registration and other information provided by you is subject to our Privacy Policy and shall only be used in accordance with it. For more information, please see our Privacy Policy above.

Products

We have made every effort to display the images of the Products accurately on our Site, but they are for illustrative purposes only. All sizes, weights, capacities, colours, dimensions and measurements indicated on our Site have a [2%] tolerance. Products delivered and packaging may vary slightly from those images. 

Age restriction

You shall not purchase any Products from our Site if you are below the age of 18 years old.

Acceptance of order

These Terms will become binding on you and us and a Contract will come into effect between you and us only upon our written acceptance of the Order issued to you by email (Dispatch Confirmation) .  We are not bound by the Order unless we accept it in writing.

If there is any conflict between these Terms and any term of the Order, the Order will take priority.

At the time of acceptance of an Order an order number is assigned to you. You should quote the order number in all your subsequent correspondence relating to the Order.

If you have already paid for the Products and we are unable to supply you with a Product because the Product is not in stock or no longer available or because we cannot meet your requested delivery date or because of an error in the price on our site, we will notify you and will refund you the full amount (including any delivery costs charged) as soon as possible.

Entire Agreement

These Terms and the Privacy Policy constitute the entire agreement between you and us and supersedes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.

Representations

You acknowledge and agree that by entering into this Contract with us you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or the Privacy Policy.

You shall not have any claim for innocent or negligent misrepresentation against us based on any statement in this Contract.

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.

Right to cancel

Your legal right to cancel a Contract starts from the date on which you receive the Dispatch Confirmation. Your right to cancel the Contract depends on what you have ordered and how it is delivered, as set out in clause 9.2 below.

You have a legal right as a consumer to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below:

If during the relevant period you intend to cancel the Contract with us, you can notify us of your decision and receive a refund. You can obtain advice on your legal right to cancel the Contract from your local Citizens’ Advice Bureau or Trading Standards office.

However, you cannot cancel Contract in below cases:

Any custom made or design your own products

once the Products are worn.

Return and Refund

To cancel a Contract in accordance with clause 9 above, you should fill in the cancellation form [INSERT LINK TO FORM] available on our Site. The Dispatch Confirmation will also have a link to the cancellation form. On receipt of your cancellation form we will e-mail you confirmation of receipt.

You can also e-mail us at hannahcairns777@gmail.com . If you are emailing us or writing to us please include details of your order.

If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us.

If you wish to contact us for any other reason, including because you have any complaints, you can contact us by e-mailing us at hannahcairns777@gmail.com  

We will contact you or give you notice by e-mail or by pre-paid post to the address you provided us with your order.

If you cancel your Contract we will:

refund you the price you paid for the Products after deducting any reduction in the value of the Products that has been caused by your handling them in an unacceptable manner.  [See our Returns page [INSERT HYPERLINK] for information about acceptable handling and examples. ]

refund you any delivery costs you have paid calculating them on the basis of the least expensive delivery method that is generally acceptable. For example, if we offer delivery of a Product within 3-5 days at one cost but you choose to have the Product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.

make any refunds due to you as soon as possible and in any event within the deadlines indicated below:

if you have received the Product and we have not offered to collect it from you: 14 days after the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us.  For information about how to return a Product to us, see clause 10.5;

if you have not received the Product or you have received it and we have offered to collect it from you: 14 days after you notify us that you intend to cancel the Contract.

If you have returned the Products because they are faulty or mis-described, we will refund the price of the Products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.

Refunds will be made to you on the credit card or debit card used by you to pay. [We will refund you in vouchers if you used vouchers to pay for our Products.]

If a Product has been delivered to you prior to your decision to cancel your Contract:

then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. Please see our Returns page [INSERT HYPERLINK] for our returns address[, authorised carrier and how to arrange a return]. If we have offered to collect the Products from you, we will collect the Products from the address to which they were delivered;

you will be responsible for the cost of returning the Products to us except  where the Product is faulty or not as described. If the Product cannot be returned by post, then the costs of delivering it by carrier should not exceed the sums we charged you for delivery.

As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause 10 or anything else in these Terms. You can seek advice on your legal rights from your local Citizens’ Advice Bureau or Trading Standards office.

Delivery

We will let you know the estimated delivery date which will be within 30 days after the date of the Dispatch Confirmation. Our delivery date may occasionally be affected by Circumstances Beyond Our Control in which case please see clause 20 below.

If no one is available at your address to take delivery, we will leave you a note to rearrange delivery.

Delivery of an Order shall be deemed to be completed when:

we deliver the Products to the address given by you;

we deliver the Products directly to you; or

a carrier organised by you to collect Products from us collects the Products from us

and you will be responsible for the Products from that time.

Upon receipt of full payment (including all applicable delivery charges) you will be the owner of the Products.

If we fail to deliver Products within 30 days, then you may cancel your Order straight away if any of the following applies to you:

we have refused to deliver the Products;

delivery within the delivery deadline was essential considering relevant circumstances; or

you informed us prior to acceptance of your order that delivery within the delivery deadline was essential.

If you do not wish to cancel your order straight away, or do not have the right to do so under clause 11.5, you can specify a new reasonable delivery deadline, and you can cancel your Order if we do not meet the new deadline.

You can cancel your Order under clause 11.5 or clause 11.6, only for some of the Products or all of them, unless splitting them up would significantly reduce their value.

[International delivery

We deliver to the International Delivery Destinations  However, certain Products are not delivered to International Delivery Destinations so please check the information on our International Delivery Destination page carefully before ordering any Products.

Delivery of Products to International Delivery Destinations will be subject to applicable import duties and taxes payable by you. Prior to placing an order you should contact your local customs office for information on this.    

You agree to comply by all applicable laws of country to which Products are delivered and we shall not be liable for any such violations.]

 

 

Price and delivery charges

Prices of the Products are specified on our site and confirmed on the checkout page. We may change our prices any time, but that will not affect the prices for confirmed orders.

Our prices are inclusive of VAT. However, if there is a change in the rate of VAT between the date of the Order and the date of delivery or performance, the rate of VAT that you pay will be adjusted, unless you have already paid full purchase price prior to the change in the rate of VAT takes effect.

Delivery cost is not included in the price specified for a Product. It will be added to the due amount.

Despite our best efforts, there may be incorrect prices on some of the Products. If the Products’ correct price is less than a price shown on our site, the lower amount will be charged. If the Products’ correct price is higher than the price specified on our site, we will inform you of this and ask whether you wish to continue with the order with the actual higher price. If the error in price is obvious, unmistakeable and mispricing could have been recognised reasonably by you, we will not be liable to provide the Products to you at the lower price that was incorrect.

Payment

Payment for Products is to be made in advance by  Paypal

Our warranty for the Products

We guarantee that Products shall be free from material defects for a period of 6 months from the date of delivery. However, this guarantee does not apply to any defects in the Products arising from:

normal wear and tear;

any alteration or repair by you or by a third party not authorised by us as a repairer;

your failure to operate or use the Products in accordance with the user manual;

wilful damage caused by abnormal storage or working conditions, accident, negligence by you or by any third party; and

any specification provided by you.

This warranty is in addition to your legal rights as a consumer in relation to Products that are faulty or not as described. You can seek legal advice on your legal rights from your local Citizens’ Advice Bureau or Trading Standards office. ]

Limitation of liability

We are responsible for loss or damage you suffer that is consequence of our negligence or our breach of the Terms, but we are not responsible for any loss or damage that is not a consequence of our negligence or our breach of the Terms. Any damage caused to your property in the course of installation or performance of Products will be repaired by us. However, any pre-existing faults or damage to your property will not be repaired.

Products supplied by us are for non-commercial purposes only. You shall not use the Products for any business or re-sale, commercial purpose. We are not liable to you for any loss of business, loss of profit, loss of business opportunity, or business interruption.

Exceptions to Limitation of Liability

Our liability does not exclude or limit in any way:

fraud or fraudulent misrepresentation;

death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors;

defective products under the Consumer Protection Act 1987;

breach of the terms implied by sections 13, 14 and 15 of the Sale of Products Act 1979 (description, satisfactory quality, fitness for purpose and samples); and

breach of the terms implied by section 12 of the Sale of Products Act 1979(title and quiet possession).

Circumstances beyond our control

If there is failure to perform, or delay in performance of any of our obligations under these Terms due to Circumstances Beyond Our Control, we will not be liable for such failure.

Circumstances Beyond Our Control include any act or event beyond our reasonable control, including without limitation lock-outs, strikes, or other industrial action by third parties, riots, civil commotion, terrorist attack or threat of terrorist attack, invasion, war (whether declared or not) or threat or preparation for war, explosion, fire, flood, storm, subsidence, epidemic, earthquake, or other natural disaster, or failure of private or public telecommunications networks.

If any Circumstances Beyond Our Control affects the performance of our obligations under these Terms:

you will be notified as soon as reasonably possible; and

the time for performance of our obligations will be extended and our obligations under these Terms will be suspended for the duration of the Circumstances Beyond Our Control. If the delivery date is affected by the Circumstances Beyond Our Control, we will reschedule the delivery date with you after the Circumstances Beyond Our Control are over.

If Circumstances Beyond Our Control occur and you do not wish us to provide the Products, you may cancel the contract in accordance with clause 10. We may cancel the contract if the Circumstances Beyond Our Control continues for more than [NUMBER] weeks in accordance with our cancellation rights in clause 10.

Notice

Any notice to us should be in writing and sent to us by e-mail, by hand, or by pre-paid post to Iris Bluebird at hannahcairns777@gmail.com.

Any notice to you will be in writing by e-mail, by hand, or by pre-paid post to the address you provided us with on the Order.

miscellaneous

We may assign our rights and obligations under these Terms to any another person. If there is any such assignment of rights and obligation, we will inform you in writing or by email.

You cannot transfer your rights and obligations under these Terms to any another person without our written approval.

This contract is only between you and us. No other third person shall have any rights to enforce any terms.

Each paragraph of these Terms are separate and distinct form other. If any court or relevant authority determines any of paragraphs of these Terms is unlawful, then such determination will not affect other paragraphs and all other remaining paragraphs will remain in effect and full force.

Our failure to insist that you perform any of your obligations under these Terms, or to enforce our rights against you, or delay in doing so, does not mean that our rights against you have been waived and does not mean that you need not comply with those obligations. Any waiver by us of your default will be only in writing, and it does not mean that we will waive any of your future defaults.

English law governs these Terms and contract between you and us. English courts will have jurisdiction on any dispute that may arise out of this Terms or contract between you and us.  However, you may bring proceedings in Northern Ireland if you are a resident of Northern Ireland, and you may bring proceedings in Scotland if you are a resident of Scotland.

contact us

For any questions or queries you can contact us e-mail us at hannahcairns777@gmail.com

 

 

This page 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 by ordering any of our Products, you agree to be bound by these Terms and the other documents expressly referred to in it.

Please click on the button marked “I Accept” at the end of these Terms 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 amend these Terms from time to time. Every time you wish to order a Product, please check these Terms to ensure you understand the terms which will apply at that time. These Terms were most recently updated on 07/11/2015 These Terms, and any Contract between us, are only in the English language.

Information about us

We operate the website www.irisbluebird.uk. We are Iris Bluebird, a company registered in England and Wales under company numberand with our registered office at Mevagissey Cornwall.  To contact us, please see our Contact Us page [INSERT HYPERLINK].

Our Products

The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Products. Your Products may vary slightly from those images.

Although we have made every effort to be as accurate as possible, because our Products are handmade, they may vary in size

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

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 if made.

Use of our site

Your use of our site is governed by our Terms of Website Use and Acceptable Use Policy. Please take the time to read these, as they include important terms which apply to you.

How we use your personal information

We only use your personal information in accordance our Privacy Policy. Please take the time to read these, as they include important terms which apply to you.

If you are a consumer

This clause 5 only applies if you are a consumer.

If you are a consumer, you may only purchase Products from our site if you are at least 18 years old.

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.

How the contract is formed between you and us

For the steps you need to take to place on order on our site, please see our page at [INSERT HYPERLINK].

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.

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 7.4.

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.

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 13.5, 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.

Our right to vary these terms

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

changes in how we accept payment from you; 

changes in relevant laws and regulatory requirements[; and OR .]

[[OTHER CIRCUMSTANCE].]

[NOTE: IF YOU PROVIDE FOR YOUR UNILATERAL RIGHT TO VARY THESE TERMS IN CONSUMER CONTRACTS, THIS MAY BE FOUND TO BE UNREASONABLE]

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

Whenever we revise these Terms in accordance with this clause 8, 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.

Your consumer right of return and refund

This clause 9 only applies if you are a consumer.

If you are a consumer, you have a legal right to cancel a Contract under the Consumer Protection (Distance Selling) Regulations 2000) during the period set out below in clause 9.3. 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 Contract and receive a refund. Advice about your legal right to cancel the Contract under these regulations is available from your local Citizens’ Advice Bureau or Trading Standards office.

However, this cancellation right does not apply in the case of:

any made-to-measure or custom-made products or products made to your specification or clearly personalised;

newspapers, periodicals or magazines;

perishable goods, such as food, drink or fresh flowers;

software, DVDs or CDs which have a security seal which you have opened or unsealed.

Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation, which is when the Contract between us is formed. If the Products have already been delivered to you, you have a period of 7 (seven) working days in which you may cancel, starting from the day after the day you receive the Products. Working days means that Saturdays, Sundays or public holidays are not included in this period.

To cancel a Contract, please contact us in writing to tell us by sending an e-mail to hannahcairns777@gmail.com . You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail or posted the letter to us.

You will receive a full refund of the price you paid for the Products and any applicable delivery charges you paid for. We will process the refund due to you as soon as possible and, in any case, within 30 calendar days of the day on which you gave us notice of cancellation as described in clause 9.4. If you returned the Products to us because they were faulty or mis-described, please see clause 9.6.

If you have returned the Products to us under this clause 9 because they are faulty or mis-described, we will refund the price of a defective Product in full, any applicable delivery charges, and any reasonable costs you incur in returning the item to us.

We refund you on the credit card or debit card used by you to pay.

If the Products were delivered to you:

you must return the Products to us as soon as reasonably practicable;

unless the Products are faulty or not as described (in this case, see clause 9.6), you will be responsible for the cost of returning the Products to us;

you have a legal obligation to keep the Products in your possession and to take reasonable care of the Products while they are in your possession.

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

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 9 or these Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.

Delivery

Your order will be fulfilled by the estimated delivery date set out in the Dispatch Confirmation, unless there is an Event Outside Our Control. If we are unable to meet the estimated delivery date because of an Event Outside Our Control, we will contact you with a revised estimated delivery date.

Delivery will be completed when we deliver the Products to the address you gave us.

If no one is available at your address to take delivery, we will leave you a note that the Products have been returned to our premises, in which case, please contact us to rearrange delivery.

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

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

[International delivery

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

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. 

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.

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.]

Price of products and delivery charges

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 13.5 for what happens in this event.

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.

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

The price of a Product does not include delivery charges. Our delivery charges are as quoted on our site from time to time. To check relevant delivery charges, please refer to our Delivery Charges page [INSERT HYPERLINK].

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:

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

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.

How to pay

You can only pay for Products using paypal.

Payment for the Products and all applicable delivery charges is in advance. We will not charge your debit card or credit card until we dispatch your order.

[Our warranty for the Products

For Products which do not have a manufacturer’s guarantee, we provide a warranty that on delivery and for a period of 6 months from delivery, the Products shall be free from material defects. However, this warranty does not apply in the circumstances described in clause 16.2.

The warranty in clause 16.1 does not apply to any defect in the Products arising from:

fair wear and tear;

wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;

if you fail to operate or use the Products in accordance with the user instructions;

any alteration or repair by you or by a third party who is not one of our authorised repairers; or

any specification provided by you.

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. ]

Our liability if you are a business

This clause 17 only applies if you are a business customer.

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

Nothing in these Terms limit or exclude our liability for:

death or personal injury caused by our negligence;

fraud or fraudulent misrepresentation;

breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or

defective products under the Consumer Protection Act 1987.

Subject to clause 17.2, we will under no circumstances whatever 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:

any loss of profits, sales, business, or revenue;

loss or corruption of data, information or software;

loss of business opportunity;

loss of anticipated savings;

loss of goodwill; or

any indirect or consequential loss.

Subject to clause 17.2 and clause 17.3 , 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 [£[AMOUNT] OR [[PERCENT]% of] the price of the Products].

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.

Our liability if you are a consumer

This clause 18 only applies if you are a consumer.

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.

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.

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

death or personal injury caused by our negligence;

fraud or fraudulent misrepresentation;

any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);

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

defective products under the Consumer Protection Act 1987.

Events outside our control

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 19.2. 

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.

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

we will contact you as soon as reasonably possible to notify you; and

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.

Communications between us

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

If you are a consumer:

To cancel a Contract in accordance with your legal right to do so as set out in clause 9, you must contact us in writing by sending an e-mail to hannahcairns777@gmail.com. You may wish to keep a copy of your cancellation notification for your own records. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you sent us the e-mail or posted the letter to us.

If you wish to contact us in writing for any other reason, you can send this to us by e-mail hannahcairns777@gmail.com   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.

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. The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.

Other important terms

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.

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 the our warranty in clause 16 to the recipient of the gift without needing to ask our consent.

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 16, but we and you will not need their consent to cancel or make any changes to these Terms.

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.

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.

If you are a consumer, please note that 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 and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.

If you are a business, these Terms are governed by English law. This means that a Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

We will not file a copy of the Contract between us.

Leave a Reply

Your email address will not be published. Required fields are marked *