TERMS & CONDITIONS

TERMS & CONDITIONS2018-07-19T15:26:16+00:00

Welcome to Butterfly Tree’s online terms and conditions. These terms and conditions apply to the use of this website. By accessing this website and/or placing an order as a member or as a guest you agree to be bound by these terms and conditions. If for any reason you disagree with any of these terms and conditions, you may not use or access this website.

If you have any questions or require any further information in relation to any of these terms and conditions please contact a member of our team via customer service team, or call 07541244208 from 10.00am – 5.00pm Monday – Friday.

Please note that we aim to respond to all customer emails within 24 hours, though this can be slightly longer in peak times and bank holiday periods.

Amendments

We reserve the right to change or remove this website in part, or in full, temporarily or permanently without prior notice and we will not be held liable to you or any third party for the modification or withdrawal of this site.

We also reserve the right to amend these terms and/or conditions without prior notice and in continuing to use the website following such change will deemed acceptance of such amendment(s). It is your responsibility to regularly check the terms and conditions for changes. If you disagree with any amendments to these terms and conditions, you must cease using this website immediately.

Definitions

‘Conditions’ – This term refers to these terms and conditions and special conditions.
‘Product’ – Refers to the product displayed for sale on the website.
‘Product Description’ – Means the part of the website where certain terms and conditions in respect of the individual product are provided.
‘Special Conditions’ – Means the terms and conditions outlined in the product description.
‘Users’ – Means the users of the website collectively.
‘Personal Information’ – Means the details provided by you on registration for membership or when placing an order.
‘We/us’ – Means Butterfly Tree Ltd
‘Website’ – Refers to the website located at www.bagsbybutterflytree.com or any subsequent URL which may replace it.
‘Cookies’ – Refers to small text files which our website places on your computer’s hard-drive to store information about your activity on our website and to identify your computer.
‘You’ – Means a user of this website.

USE OF THE WEBSITE

You are provided with access to this website in accordance with these conditions and all usage of this website including, but not limited to, placing an order or registering as a member must be conducted in strict accordance with these conditions.

You warrant that any personal information that you provide, for any reason, is true, accurate and current. You also warrant that you will notify us immediately via email or phone of any changes to your personal information. Alternatively, you will update this information manually on your account when logged in to butterflytree.com

You agree not to impersonate any other person or business or use a false name that you are not authorised to use.

Indemnity

You agree full to indemnify, defend and hold us, and our officers, directors, employees, agents and suppliers harmless immediately on demand, from and against all claims, liability, damages, losses, costs and expenses, including reasonable legal fees arising from any breach of the conditions by you, or any other liabilities out of your use of this website or the use by anybody else who accesses the website on your behalf.

PRIVACY & COOKIES

Please refer to our Privacy Policy.

PURCHASE OF PRODUCTS

We will endeavour to keep the details of your order and payment secure, taking reasonable care in all actions that are within our power to do so. However in no circumstance, other that which is deemed negligence on our part, shall we be held liable for any loss you may suffer if a third party gains unauthorised access to any data you provide when accessing the website or placing an order.

Contract Creation

Shortly after placing an order, you will receive acknowledgement of your order via email. This acknowledgment confirms the items, and the prices of the items, that you have ordered and does not act as confirmation or acceptance of your online order.

The contract is formed between Butterfly Tree and you when we dispatch the goods that you have ordered and not before this point. A contract is not formed at the point where payment is taken, nor is one formed at the point where we acknowledge your order via email. Until your order is dispatched, Butterfly Tree reserve the right to not accept your order.

If an item is out of stock, it will normally be labelled as ‘out of stock’ on our website. If, for any other reason, we are unable to supply a particular item, we will not be liable to you except to ensure that you are not charged for that item.

Following the formation of the contract between Butterfly Tree and you, we shall continue to own any goods ordered until full payment is received from you, even if the goods have already been delivered.

Non-acceptance of your order could be the result of; one or more of the items on your order being out of stock or unavailable, failure to obtain payment for your order, the identification of a pricing or product description error or you failing to meet the eligibility outlined in the terms and conditions.

The contract will be concluded in English and Butterfly Tree will not be held responsible for the translation to any other language.

Consumer Contracts Regulations 2013

This legislation offers you the following cancellation rights when you place an order online.

  1. You are entitled to cancel your contract, provided that you exercise this right no later than 14 days after the day on which you receive the goods.
  2. Your right to return products does not apply to goods made to your specification, that have been clearly personalised or which, by reason of their nature, cannot be returned or are likely to deteriorate or expire rapidly.
  3. If you exercise your right to cancel, you are obliged to retain possession of the goods and take reasonable care of them.
  4. To exercise your right to cancel, you must inform us of this decision to cancel your contract by a clear statement, including your name, address, details of the order you wish to cancel and your phone number and email address, where available.
  5. You can cancel by contacting us via email, phone or writing. Contact details can be found at the base of these terms and conditions or in the ‘Contact’ section of this website.
  6. If you do cancel, you should return the goods to us at your cost within 14 days of cancellation. We will then reimburse you the amount in relation to these goods. Further information regarding refunds can be found in the ‘refunds and returns’ section of these term and conditions.
  7. We reserve the right to make a deduction from the reimbursement for the loss of value of any of the good supplied, if the loss is the result of unnecessary handling by you.

DESCRIPTION OF PRODUCTS AND PRICING

We aim to display and describe all products as accurately as possible; however they may look different in real life. We take care to produce product descriptions and specifications accurately though these can differ at times from the physical product. If the product does differ from the description of the product at the time of placing the order, you have the right to return it under our returns policy.

The price of each product refers to the product alone, excluding the cost of delivery and any other services. We reserve the right to change prices on our website and in-store at any time without notice. Where any decorative accessories are shown with our products these are not included with your order unless we specifically state that they are included.

We have made every effort to display the products on our website as accurately as possible. However, the equipment we use, as well as the display and colour capabilities of the equipment you use to view the site, may affect the appearance of the product you see on the screen. We cannot be held liable for any limitations of the equipment you use to view our site and cannot guarantee that your equipment’s display of any colour or detail of merchandise will be accurate or the same as the actual product.

PAYMENT OPTIONS

We accept payment via our payment processing partner PayPal.

PayPal allows you to pay for goods online simply and securely, either by entering your payment card details as normal (if you are not a PayPal user), or by logging into PayPal if you have an account. PayPal will do the rest.

If your credit/debit card is rejected by our online payment gateway, please double-check that the details you have entered are correct and that your card is both valid and suitable to use with our online payment system. If the problem persists, please contact your card’s provider. In addition, your name and billing address details must match the card-holder address held by your card issuer.

If, for any reason, there is a problem in collecting payment from your credit/debit card after we have acknowledged receipt of your order, we will not be obliged to dispatch your order.

Furthermore, we may be unable to process an order if; one or more of the items is out of stock or unavailable, your payment has been declined and/or there is an unspecified technical error.

For any further information please get in touch with a member of our team via email or phone.

E VOUCHERS & PROMOTIONS

eVouchers

  1. eVouchers are valid online only at www.bagsbybutterflytree.com
  2. eVouchers cannot be exchanged for cash.
  3. eVouchers are valid for single-use only and any remaining balance for an eVoucher will be lost if the full amount is not claimed in the single-use. No amount will be held as a credit against your account and cannot be claimed against subsequent orders.
  4. If you wish to return goods that were purchased online using an eVoucher, in most circumstances, we will issue you with another eVoucher of equivalent value to the invoice value of the goods returned.
  5. The value of an eVoucher refers to the post-VAT value.

Promotional Discounts and Events

Butterfly Tree run occasional promotional discounts and events online. These promotions are managed individually Therefore, online promotional discounts, offers and events advertised on bagsbybutterflytree.com, on any social media platform or via any other communication, are only valid on purchases made via bagsbybutterflytree.

All promotions are subject to stock availability and are held on a first come first served basis. Butterfly Tree reserve the right to amend or cancel any promotion without notice and additional terms and conditions may apply to individual promotions.

DELIVERIES

Please refer to Deliveries.

RETURNS, REFUNDS & CANCELLATIONS

Please refer to Returns.

GENERAL

Intellectual Property

You agree and acknowledge that all material and content within this website is provided for personal use and that you may (if necessary to make your purchase) download such content to your personal computer’s hard drive. However, any other use of any content and material of the website is strictly prohibited including, but not limited to, any commercial use of such content. You agree not or (or assist/facilitate any other third-party to) copy, reproduce, transmit, display, publish, distribute and/or make derivatives of such material or content.

Compliance

By accessing this website, you agree to comply with all applicable laws and regulations regarding the website and any transactions conducted on, or via, the website.

Liability

To the greatest possible extent under applicable law, we disclaim warranties of any kind whether implied or expressed in relation to this website and/or our goods. This does not affect any statutory rights relating to damaged goods or your rights to cancel the contract between you and us.

We will not be liable, in contract, pre-contract or other representations (excluding fraudulent or negligent mis-representations) or otherwise out of, or in connection with, these terms and conditions for; any financial loss (including, but not limited to loss of revenue, profit, contract(s), business or anticipated gain) damage or loss of goodwill or representation and/or any special or indirect losses suffered or incurred as a result of, or in connection with, the provisions of any matter under these terms and conditions.

Nothing in these terms and conditions will limit our liability for personal injury or fatality, deemed the result of our negligence or that of our employees, agents or servants.

We will not be held liable for any delay or failure to comply with our obligations under these conditions, if the delay or failure arises from any cause that is beyond our control.

Waiver

No waiver by Butterfly Tree for your breach of these conditions shall be construed as a waiver of any proceeding or succeeding breach of any provision.

Severance

If any part(s) of these terms and conditions is (are) deemed illegal, invalid or unenforceable, then that provision will be deemed severable from the condition without affecting the validity and enforceability of any of the remaining provisions of the conditions.

Law

The terms and conditions shall be governed by and construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England.

COMPANY INFORMATION

This website is owned and operated by Bags By Butterfly Tree

Butterfly Tree Limited
Company Reg No: 10835561
VAT Reg No: 274819370

Customer Services

Customer Service Team
Bags By Butterfly Tree
AW Hainsowrth
Stanningley
Leeds LS28 6DW

Email: Please contact us

Telephone: (+44) (0)7541244208 – lines are open between 10.00am and 5.00pm (GMT), Monday – Friday.