Terms and Conditions
By accessing our website, you are agreeing to be bound by these terms of service, and agree that you are responsible for compliance with any applicable local laws.
These terms and conditions (together with the documents referred to in it) tells you the terms and conditions on which you may make use of our website freshbirdstore.com (the “site”), whether as a guest or a registered user. Use of our site includes accessing, browsing, or registering to use our site.
Please read these terms and conditions carefully as these will apply to your use of our site. We recommend that you print a copy of this for future reference.
By using our site, you confirm that you accept these terms and conditions and that you agree to comply with them.
If you do not agree to these terms and conditions, you must not use our site.
OTHER APPLICABLE TERMS
These terms and conditions refer to the following additional terms, incorporated into the terms and conditions, which also apply to your use of our site: Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.
Our Acceptable Use Policy, which sets out the permitted uses and prohibited uses of our site. When using our site, you must comply with this Acceptable Use Policy.
Our Cookie Policy, which sets out information about the cookies on our site.
Our Refunds Policy, which sets out information about returns and refunds.
Shipping Policy, which sell out information about Shipments rate, Taxes, Customs and duties as well as estimated delivery timelines.
If you purchase goods from our site, our terms and conditions of supply (“terms of supply”) will apply to the sales.
CHANGES TO THESE TERMS
We may revise these terms and conditions at any time by amending this page. We might revise our terms and conditions after every 6 months.
Please check this page from time to time to take notice of any changes we made, as they are binding on you.
CHANGES TO OUR SITE
We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it.
We do not guarantee that our site, or any content on it, will be free from errors or omissions.
ACCESSING OUR SITE
Our site is made available free of charge.
We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to our site.
You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms and conditions and other applicable terms and conditions, and that they comply with them.
We may limit the availability of our site or any service or product described on our site to any person or geographic area at any time.
ELIGIBILITY TO PURCHASE
In order to make purchases on the site, you will be required to provide your personal details. In particular, you must provide your real name, phone number, email address and other requested information as indicated. Furthermore, you will be required to provide payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the billing information provided. The site is available only to individuals and others who meet our terms of eligibility, who have been issued with a valid debit/credit card by a bank acceptable to us, whose applications are acceptable to us and who have authorised us to process a charge or charges on their debit/credit card in the amount of the total purchase price for the merchandise which they purchase. We reserve the right to restrict multiple quantities of an item being shipped to any one customer or postal address. By making an offer to purchase merchandise, you expressly authorise us to perform credit checks and where we feel necessary, to transmit or to obtain information (including any updated information) about you to or from third parties, including but not limited to your debit/credit card number or credit reports, to authenticate your identity, to validate your debit/credit card, to obtain an initial debit/credit card authorisation and to authorise individual purchase transactions. Furthermore, you agree that we may use personal information provided by you in order to conduct appropriate anti-fraud checks. Personal information that you provide may be disclosed to a credit reference agency or fraud prevention agency, which may keep a record of that information.
In Case of any special condition or scenario, Fresh birds holds the right to disclose/share your personal information with the relevant authorities.
ORDERS
All orders are subject to acceptance and availability, and items in our shopping basket are not reserved and may be purchased by other customers. We offer products for sale that are in stock and available for dispatch. Occasionally, we may be waiting for shipments from our designer suppliers. Consequently, you may from time to time be given the possibility of making an advance payment for certain items in which case you are able to make an advance purchase. This will ensure that you receive this item in priority once designer stock has been delivered to us. We will only take advance purchase orders for stock that has been scheduled for delivery by a designer supplier. Your rights regarding advance purchase are the same as those for any other purchase on our site. Alternatively, you may simply choose to register your email address for notification of arrival of the selected merchandise not held in stock. Items received into stock may be pre-allocated to satisfy advance payment orders and customers making advance payments will receive items in priority to customers on the waiting list or customers ordering through the site for immediate delivery. Please be aware that we may be unable to deliver selected advance payment merchandise due to production problems or quality checks issues identified when we receive an order into stock. In these circumstances we will notify you and refund the advance payment to your debit/credit card within thirty days of being advised that merchandise has become unavailable. If you have registered your email address for notification of the arrival of a specific product featured on our site, we will attempt to notify you by email when the product becomes available. Please be aware that on occasion certain products that are in particularly high demand will sell out during this time. PRICING POLICY
All prices and offers remain valid as advertised from time to time. Product prices are set using existing currency exchange rates. These prices are subject to change if the applicable currency exchange rate changes before your order is accepted or the items are subject to markdowns at any time during the selling period. The price applicable to your order will be the price current at the time your order is accepted. Once an item has been purchased at a discounted sale price, no price adjustment will be offered should the item be further marked down. Your card will be charged in currency based on the place where the goods are purchased. Prices are displayed to you when you enter the site in the currency used for the country indicated by your computer’s IP address. If you are a customer whose debit/credit card is not denominated in Pakistani Rupees (PKR) or US Dollars (USD), the final price will be calculated in accordance with the applicable exchange rate on the day your card issuer processes the transaction. If you are in Pakistan and choose to have the goods shipped to Pakistan, prices will be shown inclusive of all taxes (where applicable) at the current rate. All Washington state USA customers will be charged County/Municipal and State Tax at the time of the checkout. All other countries are shown a price excluding taxes and as the recipient, you are liable for all import duties, customs and local sales taxes levied by the country you are in. Payment of these at the time of delivery is necessary to release your order from customs on arrival. At the time of refunds, the exchange rate of the currency at the time you made a purchase will be applicable. ACCEPTANCE OF YOUR ORDER
Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is not an acceptance of your order, just a confirmation that we have received it. Unless you cancel your order, acceptance of your order and completion of the contract between you and us will be completed when we email you to confirm that the goods have been dispatched. We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorization for payment, that shipping restrictions apply to a particular item, the item that is ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set out within the terms of sale. We may also refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or to any third party for the reason of our withdrawing any merchandise from the site whether or not that merchandise has been sold, removing screening or editing any materials or content on the site, refusing to process a transaction or unwinding or suspending any transaction after it has begun. PAYMENT
Payment can be made by Visa, Mastercard, American Express, Quickpay Zelle and any other methods which may be clearly advertised on the site from time to time. You confirm that the debit/credit card that is being used is yours or that you have been specifically authorised by the owner of the debit/credit card to use it. All debit/credit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to us, we will not be liable for any delay or non-delivery. We take reasonable care to make our site secure. All debit/credit card transactions on this site are processed using a secure online payment gateway that encrypts your card details in a secure host environment. These details will be fully encrypted and only used to process card transactions which you have initiated. To help ensure that your shopping experience is safe, simple and secure, we use SSL technology. Furthermore, we take reasonable care, in so far as it is in our power to do so, to keep details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the site. INTELLECTUAL PROPERTY RIGHTS
Your use of the site and its contents grants no rights to you in relation to any copyright, designs, trademarks and all other intellectual property and material relating to the Content (as described below), including our software and all html and other code contained in the site. We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You are permitted to use the Content only as expressly authorised by us and/or our third party licensors. We grant you a limited, revocable and non-exclusive license to access and make personal use of the site. You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged. You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors. If you print off, copy or download any part of our site in breach of these terms and conditions, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
CONTENT
In addition to the intellectual property rights mentioned above, “Content” is defined as any graphics, photographs, including all image rights, sounds, music, video, audio or text on this site. We try to ensure that the information on this site is accurate and complete. Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether expressed or implied, that the content on our site is accurate, complete or up-to-date. We do not promise that the functional aspects of our site or our Content will be error free or that this site, our Content or the server that makes it available are free of viruses or other harmful components. We always recommend that all users of the internet ensure they have up to date virus checking software installed. The personal opinions of the designers and labels whose products we sell, or any third parties with whom we are associated are their own and do not necessarily reflect our views and we accept no responsibility for any such views expressed in any media. UPLOADING CONTENT TO OUR SITE
Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the content standards set out in our Acceptable Use Policy. You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. If you are a consumer user, this means you will be responsible for any loss or damage we suffer as a result of your breach of warranty. Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of the Site a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in the next paragraph (Rights you license). We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy. We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our site. We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy. The views expressed by other users on our site do not represent our views or values. You are solely responsible for securing and backing up your content. RIGHTS YOU LICENSE
When you upload or post content to our site, you grant the following licenses: - You grant us a perpetual, worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display and perform such content in connection with the service provided by our site and across all media including for the promotion of the service.
- You grant third parties (including but not limited to, other users of our site, our partners and/or advisors) the right to use such content in accordance with the functionality of our site.
VIRUSES
We do not guarantee that our site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software. You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately. LINKING TO OUR SITE
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our site in any website that is not owned by you. Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy. If you wish to make any use of content on our site other than that set out above, please contact freshbirdstore@gmail.com THIRD PARTY LINKS AND RESOURCES IN OUR SITE
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over and are not responsible for the content or accuracy of those sites or resources, nor are we responsible or liable for any damage, loss or offence caused or alleged to be caused by or in connection with the use or reliance on any such content on such other sites and third party resources. NO RELIANCE ON INFORMATION The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site. NO COMMERCIAL USE
This site is for your personal non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer or sell any content, software, products or services contained within this site. You may not use this site, or any of its content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your site, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. YOUR ACTIVITY
You agree that you will be personally responsible for your use of this site and for all of your communication and activity on and pursuant to this site. If we determine that you are or have been engaged in prohibited activities, were not respectful of other users, or otherwise violated the terms of sale, we may deny you access to the site on a temporary or permanent basis. LIMITATION OF OUR LIABILITY
Nothing in these terms and conditions excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law. Nothing in the terms of sale is intended to affect your rights under the law. If we breach the terms of sale, we shall only be liable for losses that are direct losses and are a reasonably foreseeable consequence of such a breach. Losses are foreseeable where, for example, they could be contemplated by you and us at the time of you placing your order, and us dispatching your order. We shall only be liable for losses up to 150% of the total value of goods purchased. We are not responsible for losses not caused by our breach or negligence, indirect losses which are a side effect of the main loss or damage and which are not reasonably foreseeable by you or us (for example, loss of profits or loss of opportunity). We are also not responsible for failure to meet any of our obligations under the terms of sale where such failure is due to events beyond our reasonable control.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.
COMPENSATION
At our request, you agree to compensate us fully, defend us and hold us harmless immediately on demand, our officers, directors, agents, affiliates, licensors and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the terms of sale by you, including the use by any other persons accessing this site using your internet account caused by your action or inaction. THESE TERMS
- What these terms cover. These are the terms and conditions on which we supply goods to you.
- Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
OUR CONTRACT WITH YOU
- How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us.
- If we cannot accept your order. If we are unable to accept your order, we will inform you of this and will not charge you for the product.
- Your order number. We will assign an order number to your order and tell you what it is when we accept your order. It will help us if you can tell us the order number whenever you contact us about your order.
OUR PRODUCTS
- Products may vary slightly from their pictures. The images of the products on our website are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that a device's display of the colours accurately reflects the colour of the products. Your product may vary slightly from those images.
- Product packaging may vary. The packaging of the product may vary from that shown in images on our website.
YOUR RIGHTS TO MAKE CHANGES
If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the contract (see clause 8 - Your rights to end the contract). OUR RIGHTS TO MAKE CHANGES
- Minor changes to the products. We may change the product to reflect changes in relevant laws and regulatory requirements and to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the product.
- More significant changes to the products and these terms. We may make the changes to these terms or the product, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any products paid for but not received.
PROVIDING THE PRODUCTS
- Delivery costs. The costs of delivery will be as displayed to you on our website.
- When we will provide the products. We will deliver them to you as soon as reasonably possible and in any event within the estimated delivery time indicated on the website.
- We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
- If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
- If you do not re-arrange delivery. If you do not collect the products from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 2 will apply.
- Your legal rights if we deliver goods late. You have legal rights if we deliver any goods late. If we miss the delivery deadline for any goods then you may treat the contract as at an end straight away if any of the following apply:
- 1. We have refused to deliver the goods;
- 2. Delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
- 3. You told us before we accepted your order that delivery within the delivery deadline was essential.
- When you own goods. You own the goods once they have been delivered.
- What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you. If so, this will have been stated in the description of the products on our website. We will contact you to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 2 will apply). We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
- Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
- deal with technical problems or make minor technical changes;
- update the product to reflect changes in relevant laws and regulatory requirements;
- make changes to the product as requested by you or notified by us to you (see clause 6).
- Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
- We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to (see clause 4) and you still do not make payment within 14 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not suspend the products where you dispute the unpaid invoice (see clause 12.6). We will not charge you for the products during the period for which they are suspended. As well as suspending the products we can also charge you a fee on your overdue payments (see clause 12.5).
YOUR RIGHTS TO END THE CONTRACT
- You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
- If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 11;
- If you want to end the contract because of something we have done or have told you we are going to do, see clause 2;
- If you have just changed your mind about the product, see clause 3. You may be able to get a refund if you are within the returns period, but this may be subject to deductions and you will have to pay the costs of return of any goods;
- In all other cases (if we are not at fault and there is no right to change your mind), see clause 6.
Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are: we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 2); we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed; there is a risk that supply of the products may be significantly delayed because of events outside our control; we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than 21 days; or you have a legal right to end the contract because of something we have done wrong (including because we have delivered late (see clause 7).
- Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see clause 1), you can still end the contract before it is completed (on delivery), but you may have to pay us compensation. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment), charge you for reasonable compensation for the net costs we will incur as a result of your ending the contract.
HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
- Tell us you want to end the contract. To end the contract with us, please let us know by emailing us at freshbirdstore@gmail.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.
- Returning products after ending the contract. If you end the contract for any reason after products have been dispatched to you or you have received them, you must return them to us. You must write to us at freshbirdstore@gmail.com and we will give you instructions for returning the products.
- When will we pay the costs of return? We will pay the costs of return:
- if the products are faulty or misdescribed; or
- if you have a legal right to do so as a result of something we have done wrong.
- What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection.
- How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
- Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind we may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount. The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer.
- When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then and we have not offered to collect them, your refund will be made within 15 business days from 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 9.2.
OUR RIGHTS TO END THE CONTRACT
- We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
- you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;
- you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products; or
- you do not, within a reasonable time, allow us to deliver the products to you or collect them from us.
- You must compensate us if you break the contract. If we end the contract in the situations set out in clause 1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
- We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will refund any sums you have paid in advance for products which will not be provided.
IF THERE IS A PROBLEM WITH THE PRODUCT
- How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can email us at freshbirdstore@gmail.com
- Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must return them to us by emailing us at freshbirdstore@gmail.com to arrange returns.
PRICE AND PAYMENT
- Where to find the price for the product. The price of the product will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct. However please see clause 3 for what happens if we discover an error in the price of the product you order.
- What happens if we get the price wrong? It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product's correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product's correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.
- When you must pay and how you must pay. We accept payment by credit or debit card, Bank transfer, direct deposit or Quickpay Zelle; you must pay for the products before we dispatch them.
- What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any charges until the dispute is resolved.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
- We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
- We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products as summarised at clause 2; and for defective products under the Consumer Protection Act 1987.
- We are not liable for business losses. We only supply the products for domestic and private use. If you use the products for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
HOW WE MAY USE YOUR PERSONAL INFORMATION
- How will we use your personal information? We will use the personal information you provide to us:
- to supply the products to you;
- to process your payment for the products; and
- if you agreed to this during the order process, to give you information about similar products that we provide, but you may stop receiving this at any time by contacting us.
- We will only give your personal information to third parties where the law either requires or allows us to do so.
OTHER IMPORTANT TERMS
- We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
- You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
- Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any other person in order to end the contract or make any changes to these terms.
- If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
For Assistance
freshbirdstore@gmail.com
+92 310 0017870