1.1. In these Terms and Conditions, the words and expressions below have the following meanings:
1.2. ‘Conditions’ means these terms and conditions.
1.3. ‘Distance Communication’ means purchases made exclusively via telephone, fax, e-mail, mail order and/or on the Black Parrots Studio website.
1.4. ‘Product(s)’ means any product(s) on the Black Parrots Studio website.
1.5. ‘Upholstery’ means Products that are upholstered in fabric.
1.6 ‘Upholstery fabric' means fabric sold by meter.
1.7. ‘we’, ‘us’, ‘our’ means Black Parrots Limited.
1.8. ‘you’, ‘your’ means the customer.
2.1. Your order becomes binding as soon as we have accepted it. All orders are subject to availability.
2.2. We rely on the accuracy of the information you provide and as such, please provide accurate and complete measurements and specifications.
2.3. You are responsible for checking and confirming that you are satisfied that all details and aspects of your order are correct and suitable for your requirements and specifications including without limitation measurements, dimensions, product features, access and delivery.
2.4. We reserve the right to refuse to supply any individual or company.
3.1. The Website is an official website of Black Parrots Limited and the copyright and the database rights are owned by Black Parrots Limited. The Website and all intellectual property rights (including but not limited to rights in the website as a database) in its text, design, graphics, and the selection, organisation and arrangement thereof, together with the Black Parrots trademark belong to Black Parrots Limited.
4. LIMITED LICENSE AND RESTRICTIONS
4.1. You acknowledge and agree that the material and content contained on the Website is made available to you for your personal and non-commercial use and that you may only download such material and content for the purpose of using the Website to a single personal computer. Furthermore, you acknowledge and agree that any other use of the material and content of the Website is strictly prohibited and you agree that it is strictly prohibited to (or to assist or facilitate any third party to) copy, reproduce, transmit, modify, publish, display, distribute, commercially exploit or create derivative works of material and/or content from the Website without our written permission and is a violation of our intellectual property rights.
5. BASIS OF SALE
5.1. All orders that you place on the Website will be subject to acceptance in accordance with these terms and conditions.
5.2. The following is required to create a contract between you and us:
5.3. Please follow the simple onscreen instructions taking you through the process of placing an order on the website. You place the order for your products by pressing "Checkout", and in doing so you offer to buy the Goods at the prices indicated as well as any applicable delivery charges.
5.4. An order acknowledgement email will be sent to you detailing the products you have ordered. Please note that this email is merely an acknowledgement of your order and not an acceptance or confirmation of your order by Black Parrots Studio.
5.5. Except for all orders of Upholstery fabric, the acceptance of your order and the completion of the contract between you and us will take place on dispatch of the products unless we have notified you that we do not accept your order or you have cancelled it. If you have ordered Upholstery fabric the acceptance of your order and the completion of the contract between you and us will occur when you receive a confirmatory email from us unless we have notified you that we do not accept your order or you have cancelled it. Once we have accepted your order it becomes binding, subject to your rights of cancellation. Non-acceptance of an order by us may occur if: the ordered product is out of stock or unavailable; we identify a pricing or product description error; we are unable to obtain authorisation for your payment; or if we consider the order to be fraudulent.
5.6. We reserve the right to withdraw any Products from this Website at any time and/or remove or edit any materials or content on this Website. We may refuse to process 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 any third party by reason of our withdrawing any Product from this Website whether or not that Product has been sold; removing or editing any materials or content on the Website; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
5.7. To be eligible to purchase Products on this Website and lawfully enter into and form contracts on this Website under English law you must: be over 18 years of age; providing your real name, phone number, email address, payment details and other requested information; provide a valid delivery address; (Please note that PO box numbers, hotels and temporary accommodation addresses are not acceptable); and a valid credit or debit card issued by a bank acceptable to us.
5.8. We will not be liable for any direct or indirect loss of profits or any other financial loss or damage arising out of defective, damaged, or wrongly delivered goods, over and above the value of the goods themselves.
6. UPHOLSTERY FABRIC
6.1. Fabrics have natural characteristics such as slubs, creasing or pile shading, which make them unique. Please take time to understand these characteristics so that you can select a fabric that is perfect for you.
6.2. As all upholstery can be affected by light, we recommend that it is positioned away from direct sunlight and heat to protect it from fading and premature wear and ageing.
6.3. We have made every effort to display as accurately as possible the colours of our products that appear on the website. However, due to variations in monitor display, we cannot guarantee that your display of colour will be accurate. We recommend ordering a sample of the colour you’re interested in to ensure complete satisfaction.
7. SAMPLES & SWATCHES
7.1. To help you visualise how different fabrics will work in your home, you can purchase wallpaper and fabric samples from us.
8. CANCELLATIONS AND RETURNS
8.1. When returning Products, please return them to us by one of the following methods together with proof of purchase (a receipt or dispatch note).
8.2. We ask that you take reasonable care when handling the Products and return the Products unopened, unused and in their original packaging, where possible.
8.3. Once Products have been delivered, you may return them within 28 days of receipt of delivery by one of the methods below.
8.4. By Post or courier:
8.4.1. You may return any Products to us by post at your own cost and risk.
8.4.2. Please note that we are not liable for any loss or damage to any returned Products in transit and as such, we recommend that you return any Products through a recorded delivery service.
8.4.3. When returning Products, please package the Products properly and securely together with the dispatch note to ensure that the Products are not damaged in transit.
8.4.4. If returned Products are lost or damaged in transit, we reserve the right to charge you (or refund any amounts attributable to) such loss or damage.
8.4.5. If you prefer to return the Products by ordinary post, please return to: Returns, Black Parrots Studio, Unit 6, The Ironworks, 30 Cheapside, Brighton, BN1 4GD. Please obtain a certificate of posting and tracking information from your chosen delivery service as proof of postage.
8.5. Upholstery Fabric
8.5.1. If you need to amend or cancel you Upholstery Fabric you may only do so up to 24 hours after you have placed your order by contacting us.
8.5.2. After 24 hours, we reserve the right to charge you for any costs we may incur in relation to your amended or cancelled order.
8.5.3. Furniture and Upholstery purchased exclusively via distance communication may be cancelled or returned at any time up to 28 days from the day after receipt of the Product by informing us within that period that you wish to do so.
8.5.4. If the Upholstery Fabric has already been dispatched or delivered it must be kept in perfect condition until being returned.
8.6. Defective Products
8.6.1. On delivery, please check the Products carefully for any possible defects. With furniture orders you will be asked to sign a delivery note that confirms you are happy with the condition of your order.
8.6.2. If you believe that any of our Products may be defective or of unsatisfactory quality, please notify on +44 (0) 1273 695 398 as soon as possible, where possible, or within a reasonable time.
8.6.3. We ask that you take reasonable care of the Products while your claim is being investigated. Please do not return any Products which you believe may be defective before contacting us.
8.6.4. If the Products are confirmed defective or mis-described, we will reimburse you for reasonable return postage costs.
8.6.5. If all Products confirmed defective constitute the entire order or if all Products were faulty or damaged, the original delivery charge will be reimbursed.
8.6.6. ‘Defective products’ does not cover wear and tear, neglect, abuse or misuse of your goods, loss or damage, fire, smoke, explosion, lighting, sunlight, infestation by animals or boring insects, theft or loss or accidental damage caused by a third party.
9.1. Standard Home Furnishings and Made to Measure products can be shipped worldwide. Products on large orders may be dispatched separately.
9.2. Made to Order: It is the customer’s responsibility to ensure that products will fit into the home and that there is sufficient access for our delivery vehicle to reach the delivery address. Additional charges may apply in certain circumstances.
9.3. Arranging and Completing
9.3.1. We are unable to agree specific delivery times and dates requested.
9.3.2. Products must be carefully checked at time of delivery and signed for by an adult. Any defect or damage must be reported to us immediately.
9.4. Import Duty
9.4.1. You will be responsible for paying any such local sales tax or import duties arising at the delivery destination, as these are not included in the price of the products. Import duty or tax costs will be invoiced directly to you from the courier or an import broker. We recommend you contact your local customs authority to determine a landed cost price prior to placing your order.
10. RISK OF DAMAGE IN TRANSIT AND PROPERTY
10.1. We carry the risk of loss or damage to the Products until you receive them. The Products will belong to you when you have received them and have paid us in full. Until payment has been made in full we may ask you to return the Products to us at any time. If you return the Products to us for any reason, they will become our property and be at our risk from the time we receive them.
11. PRODUCT USE
11.1. All of our Products are designed for domestic use only. We do not allow our product to be converted into products and resold for commercial purposes. If you intend to use our products for non-domestic/commercial purposes, please contact us as some products may require different specifications.
12. PRODUCT DESCRIPTIONS, COLOURS AND UNIQUE FEATURES
12.1. Every effort is made to ensure that the Products we supply correspond as closely as possible to the samples displayed online, but there may be variations as natural materials have unique characteristics. No responsibility can be accepted for these variations including but not limited to the following:
12.2. On fabric and wallpaper the shade may vary slightly from one printing batch to another.
12.3. There is a 3% allowance on fabric alignment.
12.4. All measurements are approximate. Please allow +/- 2 cm variance on sizes stated.
12.5. We reserve the right to make any change to the internal specifications of our Products or minor external changes where necessary.
13.1. Prices include VAT and exclude delivery charges unless otherwise stated.
13.2. All prices are correct at time of entering but may change due to inadvertent administrative errors or circumstances beyond our control, such as any variations to the rate of VAT.
13.3. Black Parrots Studio may not be able to process VAT refunds for international customers.
14. PAYMENT METHODS
14.1. You may pay using Visa, MasterCard, American Express and Paypal. You confirm that the credit or debit card that is being used is yours. All credit/debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to or does not, for any reason, authorise payment to us, we will not be liable for any delay or non-delivery. There are no additional charges for using credit or debit cards. The total amount you pay is the same regardless of the payment method.
15. WEBSITE CONTENT
15.1. We will take all reasonable care to ensure that all details, descriptions and prices of Products appearing on the Website are correct at the time when the relevant information was uploaded onto the system. Although we aim to keep the Website as up to date as possible, the information including Product Descriptions appearing on this Website at a particular time may not always reflect the position exactly at the moment you place an order. We cannot confirm the price of a Product until your order is accepted in accordance with our Order acceptance policy. Please note that in the event that an error is identified non-acceptance of an order by us may occur, subject to your statutory rights.
15.2. We will not be liable if for any reason our website is unavailable at any time or for any period.
15.4. Newsletters: If you would like to unsubscribe to our newsletter, please email email@example.com.
16. LINKED SITES
16.1. Unless specifically provided, we make no representations whatsoever about any other websites which you may access through our website or which may link to our website. When you access any other website you understand that it is independent from us and that we have no control over the content or availability of that website. In addition, a link to any other site does not mean that we endorse or accept any responsibility for the content, or the use of, such a website and shall not be liable for any loss, damage or offence caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other website or resource. Any concerns regarding any external link should be directed to its website administrator or web master.
17. AMENDMENTS TO THESE TERMS & CONDITIONS
17.1. We reserve the right to amend these terms and conditions at any time. Any such amendments will take effect when posted on the Website and it is your responsibility to read the terms and conditions on each occasion you use the Website and your continued use of the Website shall signify your acceptance to be bound by the latest terms and conditions.
18. INTELLECTUAL PROPERTY
18.1. You recognise and agree that all copyright, database rights, trademarks and all other intellectual property rights in all material and/or content of this Website is owned by Black Parrots Limited or our licensors and shall remain at all times vested in us or our licensors as expressly authorised by us or our licensors.
19.1. You agree fully 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 out of any breach of the Conditions by you or any other liabilities arising out of your use of this Website, or the use by any other person accessing the Website using your shopping account and/or your Personal Information.
20. LIABILITY AND WARRANTIES
20.1. Nothing in the terms and conditions in any way limits our liability for death or personal injury caused by our negligence or by fraud.
20.2. We shall not be liable for any economic losses (including without limitation loss of profits, revenue, business, contracts, management time, data or anticipated savings) nor for any loss of goodwill or reputation nor for any indirect loss whether arising in contract or tort (including negligence) or pre-contractual or other representations (except for fraudulent or negligent misrepresentation) or otherwise even if advised of the probability of such damage or where it was foreseeable. Except in the event of death or personal injury, in no event shall our liability under these terms and conditions exceed the amount paid or payable by you for the Products or Goods. This does not affect your statutory rights as a consumer, nor does it affect your rights of cancellation.
20.3. We shall take all reasonable precautions to keep the details of your order and payment secure, except where we are negligent, we cannot be held liable for any losses caused as a result of unauthorised access to information provided by you.
21. DATA PROTECTION AND PRIVACY
21.1. In addition to allowing us to check your creditworthiness and process your orders, the personal data you submit and our records of your visits to the Site will be used to monitor and improve our service to you and for marketing purposes.
21.2. We will respect the privacy of your personal data, and will comply with all relevant and current data protection legislation. We will not disclose your personal data to anyone, unless required to do so by a court of competent jurisdiction.
21.3. If you wish to update or delete your personal information please contact us.
21.5. To proceed with your order, we have to process and store your data, and provide your data to third parties who are directly involved with your order, e.g. our carriers. By placing an order with us, you agree to your data being processed by Black Parrots Limited and its carriers.
21.6. The purchase area of our site is fully secure. We utilise industry standard SSL technology (Secure Sockets Layer) to guarantee a safe and secure shopping environment. All sensitive information such as credit card details, names and addresses are encrypted. This means that information passed between your computer and our web site cannot be read even in the event it is intercepted by someone else.
21.7. Please call us on +44 (0) 1273 695 398. We recommend the use of email to contact us, you can mail us without charge on firstname.lastname@example.org.
22. RISK AND TITLE
22.1. No order is binding on you or Black Parrots Studio until we have accepted it. All title and ownership to the ordered Goods will pass to you from the moment they are dispatched by us to our carriers, or on payment in full by you of the price of the Goods and any delivery charge (if applicable); and risk will pass on delivery.
23. ENTIRE AGREEMENT
23.1. You confirm that, in agreeing to accept these terms and conditions, you have not relied on any representation save insofar as the same has expressly been made a term of these terms and conditions and you agree that you shall have no remedy in respect of any representation.
24.1. If any provision contained in these terms and conditions is considered by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other terms and conditions which shall remain in full force and effect.
25.1. You may not assign or sub-contract any of your rights or obligations under these terms and conditions or any related order for products to any third party without our written consent. We reserve the right to transfer, assign, novate or subcontract any of our rights or obligations under these terms and conditions or any related contract to any third party.
26.1. A failure by us to exercise or enforce any right conferred upon us by these terms and conditions shall not be deemed to be a waiver of such right or operate so as to bar the exercise or enforcement thereof at any subsequent time or times.
27.1. The laws of England and Wales govern these Conditions and all disputes will be subject to the exclusive jurisdiction of the courts of England and Wales. Black Parrots Limited is obliged by law to provide the following information:
27.2. The website blackparrotsstudio.com is operated and owned by Black Parrots Limited.
27.3. Our Registered address is The Old Casino, 28 Fourth Avenue, Hove, East Sussex, BN3 2PJ.
27.4. Company registered in England No. 09793746.