As we can accept your order and make a legally enforceable agreement without further reference to you, you must read these terms and conditions to make sure that they contain all that you want and nothing that you are not happy with.
1. These Terms and Conditions will apply to the purchase of the goods by you (the Customer or you). We are Polly’s Natural Parrot Boutique whose trading name is K&S Natural Company Ltd a company registered in England and Wales under number 11250897 whose registered office is at 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ with email address email@example.com ; (the Supplier or us or we).
2. These are the terms on which we sell all Goods to you. By ordering any of the Goods, you agree to be bound by these Terms and Conditions. Before placing an order on the Website, you will be asked to agree to these Terms and Conditions by clicking on the button marked 'I Accept'. If you do not click on the button, you will not be able to complete your Order. You can only purchase the Goods from the Website if you are eligible to enter into a contract and are at least 18 years old.
3. Consumer means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
4. Contract means the legally-binding agreement between you and us for the supply of the Goods;
5. Delivery Location means the Supplier's premises or other location where the Goods are to be supplied, as set out in the Order;
6. Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
7. Goods means the goods advertised on the Website that we supply to you of the number and description as set out in the Order;
8. Order means the Customer's order for the Goods from the Supplier as submitted following the step by step process set out on the Website;
10. Website means our website www.pollysnaturalparrotboutique.com on which the Goods are advertised.
11. The description of the Goods is as set out in the Website, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and colour of the Goods supplied. We reserve the right to amend any specifications as required.
12. In the case of any Goods made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
13. All Goods which appear on the Website are subject to availability.
14. We can make changes to the Goods which are necessary to comply with any applicable law or safety requirement. We will notify you of these changes.
16. We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.
Basis of sale
17. The description of the Goods in our website does not constitute a contractual offer to sell the Goods. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.
18. In order to place an order and as a part of the checkout process, you will have the option to either register as a new customer or shop as a Guest. You'll be able to save your details to create an account with us later allowing you to log in and track all your orders. You are responsible for maintaining the confidentiality of your account and password to prevent an unauthorised access and you agree to accept responsibility for all activities that may occur under your account. Upon completing the registration, your email address will become your user name.
19. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
20. If there are any changes to the details you have provided when first registering for an account, you will be required to inform Polly’s Natural Parrot Boutique as soon as possible by updating the “my account” on the website.
21. A Contract will be formed for the sale of Goods ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (i.e. the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract.
22. No variation of the Contract, whether about description of the Goods, Fees or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
Price and Payment
23. The price of the Goods and any additional delivery or other charges is that set out on the Website at the date of the Order or such other price as we may agree in writing.
24. All prices are inclusive of VAT and delivery cost will be separately itemised at the Checkout based on the address details you have provided.
25. The prices payable for Goods are as set out in our website, however while we make every effort to ensure the accuracy of the pricing and availability information on the website, there may be occasions when these are not up to date and we reserve the right to change them without notice.
If we do discover an error, we will inform you as soon as possible to confirm whether you still wish to purchase the item.
26. When you are satisfied to complete your purchase, you may wish to select to pay by Paypal, credit or debit card and you will be directed to the relevant secure on-line payments service. No credit card details will be taken or held by K & S Natural Company Ltd.
27. Payments will be authorised at the time of placing an order but will only be debited on the date of dispatch.
All orders must be paid for before they are dispatched. We do not post items for cash on delivery and don't accept payments by bank transfer.
Prices are shown in GBP and all transactions on the website are processed in GBP.
28. We will deliver the Goods, to the Delivery Location you provided by the time or within the agreed period or, failing any agreement, without undue delay and, in any event, not more than 30 days after the day on which the Contract is entered into.
29. You agree we may deliver the Goods in instalments if we suffer a shortage of stock or other genuine and fair reason and if we are unable to dispatch within five business days, we will advise you by email as soon as possible after receipt of your order and offer you a full refund or partial shipment of your order.
30. If you or your nominee fail, through no fault of ours, to take delivery of the Goods at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.
31. Delivery times and estimates are subject to receipt of an order before the daily cut-off point.
32. The Goods will become your responsibility from the completion of delivery or Customer collection. You must, if reasonably practicable, examine the Goods before accepting them. If any problems occurs, you must notify us by emailing to firstname.lastname@example.org within 7 days of receiving the goods.
Risk and Title
33. Risk of damage to, or loss of, any Goods will pass to you when the Goods are delivered to you.
34. You do not own the Goods until we have received payment in full. If full payment is overdue or a step occurs towards your bankruptcy, we can choose, by notice to cancel any delivery and end any right to use the Goods still owned by you, in which case you must return them or allow us to collect them.
Withdrawal, returns and cancellation
35. You can withdraw the Order by telling us before the Contract is made, if you simply wish to change your mind and without giving us a reason.
36. This is a distance contract (as defined below) which has the cancellation rights (Cancellation Rights) set out below. These Cancellation Rights, however, do not apply, to a contract for the following goods (with no others) in the following circumstances:
a. goods that are made to your specifications or are clearly personalised.
Right to cancel
37. Subject as stated in these Terms and Conditions, if you are not satisfied with anything you have purchased from us, you can cancel the contract within 14 working days ('working' days do not include Saturdays, Sundays and public holidays) without giving any reason.
38. The cancellation period will expire after 14 working days from the day on which you acquire, or a third party, other than the carrier indicated by you, acquires physical possession of the last of the Goods.
39. To exercise the right to cancel, you must inform us in writing by emailing to email@example.com to obtain returns authorisation first. We will communicate to you an acknowledgement of receipt of such a cancellation in a Durable Medium (e.g. by email) without delay. For more detail, please review our Shipping & Returns.
40. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
41. If you cancel the Contract but we have already dispatched the Goods, you must then send the Goods back as soon as possible at your own cost using trackable service.
Effects of cancellation in the cancellation period
42. Except as set out below, if you cancel this Contract, we will reimburse to you all payments received from you, excluding the delivery cost.
Deduction for Goods supplied
43. We may make a deduction from the reimbursement for loss in value of any Goods supplied, if the loss is the result of unnecessary handling by you or the Goods are not in re-saleable condition.
44. Timing of reimbursement
45. If we have not offered to collect the Goods, we will make the reimbursement without undue delay, and not later than:
a. 14 days after the day we receive back from you any Goods supplied that must be in re-saleable condition and unopened, in its original packaging.
46. If we have offered to collect the Goods or if no Goods were supplied, we will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this Contract.
47. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement and provided that the goods returned by you and received by us will be in the same condition they were in when delivered to you.
48. If you have received Goods in connection with the Contract which you have cancelled, you must send back the Goods to this address Suit 21390, Courier Point, 13 Freeland Park, Wareham Road, Poole, Dorset, BH16 6FH without delay and in any event not later than 14 days from the day on which you communicate to us your cancellation of this Contract. The deadline is met if you send back the Goods before the period of 14 days has expired. You agree that you will have to bear the cost of returning the Goods.
49. For the purposes of these Cancellation Rights, these words have the following meanings:
a. distance contract means a contract concluded between a trader and a consumer under an organised distance sales or service-provision scheme without the simultaneous physical presence of the trader and the consumer, with the exclusive use of one or more means of distance communication up to and including the time at which the contract is concluded;
b. sales contract means a contract under which a trader transfers or agrees to transfer the ownership of goods to a consumer and the consumer pays or agrees to pay the price, including any contract that has both goods and services as its object.
50. For more detail, please review our Shipping and Returns page.
51. Cancellation by us
We reserve the right to cancel the Contract if:
- we do not deliver to your specific area; or
- if we have insufficient stock to deliver the goods you have ordered
You will be notified by e-mail if we must cancel your order and we will refund any monies paid to us in respect of a cancelled order within 30 days of sending you notice. We will make the reimbursement using the same means of payment as you used for the initial transaction when placing an order. We will not be obliged to offer any additional compensation for consequential loss, inconvenience or disappointment suffered.
52. We have a legal duty to supply the Goods in conformity with the Contract, and we will not have conformed if it does not meet the following obligation.
53. Upon delivery, the Goods will:
a. be of satisfactory quality;
b. be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and
c. conform to their description.
54. It is not a failure to conform if the failure has its origin in your materials.
Circumstances beyond the control of either party
55. In the event of any failure by a party because of something beyond its reasonable control:
a. the party will advise the other party as soon as reasonably practicable; and
b. the party's obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer's above rights relating to delivery and any right to cancel.
56. Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation with regard to your personal information.
58. For the purposes of these Terms and Conditions:
a. 'Data Protection Laws' means any applicable law relating to the processing of Personal Data, including, but not limited to the Directive 95/46/EC (Data Protection Directive) or the GDPR.
b. 'GDPR' means the General Data Protection Regulation (EU) 2016/679.
c. 'Data Controller', 'Personal Data' and 'Processing' shall have the same meaning as in the GDPR.
59. We are a Data Controller of the Personal Data we Process in providing Goods to you.
60. Where you supply Personal Data to us so we can provide Goods to you, and we Process that Personal Data in the course of providing the Goods to you, we will comply with our obligations imposed by the Data Protection Laws:
a. before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;
b. we will only Process Personal Data for the purposes identified;
c. we will respect your rights in relation to your Personal Data; and
d. we will implement technical and organisational measures to ensure your Personal Data is secure.
61. For any enquiries or complaints regarding data privacy, you can contact Company Director at the following e-mail address: firstname.lastname@example.org .
62. The Supplier does not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of the Supplier's other legal obligations. Subject to this, the Supplier is not liable for (i) loss which was not reasonably foreseeable to both parties at the time when the Contract was made, or (ii) loss (e.g. loss of profit) to the Customer's business, trade, craft or profession which would not be suffered by a Consumer - because the Supplier believes the Customer is not buying the Goods wholly or mainly for its business, trade, craft or profession.
Governing law, jurisdiction and complaints
63. The Contract (including any non-contractual matters) is governed by the law of England and Wales.
64. Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the Customer lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.
65. We try to avoid any dispute, so we deal with complaints in the following way: If a dispute occurs customers should contact us to find a solution. We will aim to respond with an appropriate solution within 5 days.