Terms and Conditions of Sale
This document (together with any documents referred to in it) tells you the terms and conditions upon which we sell and supply the goods (the 'Goods') listed on this website (the 'Website') to you.
Before confirming your order please:
Read through these terms and conditions (the 'Conditions') and in particular our cancellations and returns policy at clause 12. and limitation of our liability and your indemnity at clause 16.
Print a copy for future reference.
By ordering any of the Goods listed on this Website, you agree to be legally bound by these Conditions. You will be unable to proceed with your purchase if you do not accept these terms and conditions as may be modified or amended and posted on this Website from time to time.
We reserve the right to revise and amend the Website, our disclaimers and the Conditions at any time without notice to you. Your continued use of the Website (or any part thereof) following a change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether we have changed these Conditions.
Law and Jurisdiction
This contract is subject to the law of England and Wales. All disputes arising out of this contract shall be subject to the exclusive jurisdiction of the courts of England and Wales. Those who access the site from other locations are responsible for compliance with their local laws and taxes as applicable. Any disputes not resolved by normal complaints procedure will be resolved exclusively in the courts of England and Wales under English Law.
2. About Us
This Website is owned and operated by Butterfly Loom Limited ('we'/'us'/'our'), registered office address being 156 Croft Road, Swindon, Wiltshire, SN1 4DT UK. We are not registered for VAT. Companies House no. 09869236.
3.1 You agree that email and other electronic communications can be used as a long-distance means of communication and acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.
3.2 We will contact you by email or provide you with information by posting notices on our Website.
4.1 Order Orders are welcome from overseas and all orders and communication are subject to the law of England and Wales.
4.2 Goods ordered from the Website for delivery outside the United Kingdom, they may be subject to import duties and/or additional taxes or expenses incurred due to complying with foreign regulatory requirements or laws. You will be responsible for payment of any such duties and/or taxes in addition to our price and the cost of delivery. Please note that we have no control over these charges and cannot predict their amount. Please contact your local customs office or taxation authority for further information before placing your order.
4.3 Please note that when shipping products internationally, you should be aware that cross-border shipments are subject to opening and inspection by customs authorities. Please also note that you must comply with all applicable laws and regulations of the country for which the Goods are destined. We will not be liable for any breach by you of any such laws.
When registering on the Website you must choose a username and password. You must undertake to keep these safe and not disclose to anyone, to change your password immediately upon discovering that it has been compromised and to not transfer or sell or allow anyone else to use them.
By registering on the Website you undertake:
That all the details you provide to us for the purpose of registering on the Website and purchasing the Goods are true, accurate, current and complete in all respects and you will notify us immediately of any changes to the information provided on registration or to your personal information.
By registering on the Website you undertake:
You confirm that you are over 18 or if under 18 you have a parent or guardian's permission to register with and purchase the Goods from this Website in conjunction with and under their supervision
We reserve the right to terminate an agreement formed with and to suspend or terminate your access to the Website immediately and without notice to you if:
6.1 you fail to make any payment to us when due
6.2 You breach these Conditions (repeatedly or otherwise)
6.3 You are impersonating any other person or entity
6.4 When requested by us to do so, you fail to provide us within a reasonable time with sufficient information to enable us to determine the accuracy and validity of any information supplied by you, or your identity
6.5 Eligibility To Purchase From The Website
7. Eligibility to purchase
To be eligible to purchase the Goods on this Website and lawfully enter into and form contracts with us, you must:
7.1 Be 18 years of age or over
7.2 Be legally capable of entering into a binding contract
7.3 Provide full details of a delivery address in the United Kingdom or the European Economic Area (if you reside in the EEA) may only use the Website in conjunction with, and under the supervision of, a parent or guardian. If you do not qualify, you must not use our Website
8. Acceptance of order
8.1 Any order placed by you constitutes an offer to purchase the Goods from us. All such offers received from you are subject to acceptance by us and we reserve the right to refuse any order placed by you at any time prior to acceptance, without providing an explanation.
8.2 You shall be responsible for ensuring the accuracy of the details provided by you during the order process and we will not accept an order unless all details requested from you have been entered correctly.
9.1 The prices of the Goods are quoted on the Website.
9.2 Prices for delivery are quoted for delivery worldwide.
9.3 Unless otherwise stated, the prices quoted exclude delivery costs which will be added to the total amount due from you. Details of delivery charges can be viewed by viewing cart and selecting ‘estimate shipping & taxes’.
10. Offers and Promotions
10.1 All promotions are subject to availability and strictly non-transferable.
10.2 We reserve the right to change or withdraw offers, promotions or sale items at any time and without prior notice.
10.3 Coupon codes are valid for one use per customer. There can be no cash alternative.
10.4 All coupons are and shall remain the property of Butterfly Loom Ltd and are not for re-sale or publication.
10.5 Sales prices are valid only for transactions made whilst the sale period is live.
10.6 Offer expiry times on all offers and promotions are final.
11.1 Payment to be made by PayPal. If you do not hold a PayPal account payment can be made by BACS by prior arrangement, please email for bank details
11.2 All orders are subject to acceptance and availability. If any Goods ordered are not available, you will be notified by email and you will have the option either to wait until the item is available or to cancel your order. It is your responsibility to provide us with a valid email address so that we can contact you if necessary.
12. Gift Vouchers
12.1 Only one Gift Voucher per denomination can be purchased per order. For multiple Gift Voucher purchases of the same value, one order per Gift Voucher must be placed.
12.2 Gift Vouchers can be redeemed towards the purchase of items currently featured on the Website (subject to stock availability) including postage costs.
12.3 When redeeming Gift Vouchers, the unique code stated on the gift voucher will need to be entered on the view cart page.
12.4 Gift Vouchers must be redeemed within 365 days from date of purchase. Any balance remaining after this time will be deducted and void.
12.5 If the goods purchased exceed the amount on the Voucher, the balance must be paid when the Gift Voucher is redeemed.
12.6 Gift Vouchers cannot be applied retrospectively.
12.7 Gift Voucher codes may be used more than once until balance is zero.
12.8 Gift Vouchers are non-exchangeable and non-refundable.
12.9 It is the responsibility of the customer to ensure their email address is correct. Gift Vouchers sent to an incorrect address cannot be cancelled or refunded once redeemed.
12.10 Butterfly Loom will not be responsible if a Gift Voucher is lost, stolen, corrupted, destroyed, deleted or used without permission.
12.11 Butterfly Loom reserves the right to change any of these terms and conditions from time to time without notice and to take appropriate action including cancellation of the voucher if, at its sole discretion, it deems such action necessary.
13.1 Once your order has been dispatched you will be sent an ‘order dispatched’ email.
13.2 The Goods will be delivered to you at the address you provided during the order process which may be an address other than the billing address.
13.3 Goods are despatched via Royal Mail 2nd class post or via a courier company depending on the size of the order.
13.4 You must examine the Goods on arrival.
13.5 If you are asked for your signature on delivery, you must examine the Goods before signing for it.
13.6 Any dates quoted for delivering the Goods are approximate only. We endeavour to dispatch within a reasonable time of the date of the order being placed, unless there are exceptional circumstances.
13.7 We shall not be liable for any delay in delivering the Goods, however caused.
14. Risk and Title
14.1 The Goods will be at your risk from the time of delivery.
14.2 Ownership of the Goods will only pass to you when we receive full payment of all sums due in respect of them and the cost of delivery.
15. Cancelling Your Contract and Returns
Cancelling before receiving an order dispatched email
You may cancel your order for the Goods at any time prior to receiving an order dispatched email from us. You can send us a cancellation notice by sending an email to email@example.com. Your cancellation notice must quote your name, address and your order reference number.
16. Cancellation after receiving your order
16.1 You are entitled to cancel your Contract at any time prior to receiving the Goods so long as you provide us with written notice or, if you have received the Goods, so long as you provide us with written notice at anytime within 14 working days starting from the day after you received the Goods. You can send us a cancellation notice by sending an email to firstname.lastname@example.org. Your cancellation notice must quote your name, address and your order reference number.
16.2 You must then immediately return the Goods to us at your own cost and risk. The Goods must be returned to us in the same condition in which you received them until such time as the Goods are either collected by us or delivered back to us by you. You must return the Goods with its original packaging and the original invoice. You have a legal obligation to take reasonable care of the Goods whilst they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
17. Damaged, faulty or wrongly delivered goods
17.1 We will offer you a refund of the full purchase price, including the cost of delivery for sending the goods to you, and the cost incurred by you in returning the Goods to us, if it:
17.1.1 Has been damaged on delivery
17.1.2 Is in a faulty condition
17.1.3 Develops a fault within 14 days of delivery
17.1.4 Has been delivered to you in error
17.2 Provided that you return the Goods to us and we are reasonably satisfied that the Goods have not suffered damage after delivery or have not been misused or used other than in accordance with the instructions or the problem is not due to normal wear and tear.
17.3 Alternatively, at your option, instead of a refund (and subject to returning the Goods as required under this clause) we will replace the Goods with the same or a similar product (subject to stock availability).
17.4 Sometimes the product specifications from the manufacturer may change, in which case, if you request a replacement, we will do our best to offer you a substitute of the same or better quality at the same price. If you are not happy with the replacement, you can return the Goods to us.
17.5 In order to claim a refund or replacement item please send us an email as soon as you become aware of a problem and no later than 14 working days after receipt or the fault developing to email@example.com. Your cancellation notice must quote your name, address, the name or a description of the Goods, a brief description of the problem, fault or damage and your order reference number.
18. Incorrectly priced or described Goods
Whilst we try and ensure that all the information on our Website is accurate, errors may occur. In the unlikely event that the price and/or description of an item listed on the Website has been incorrectly advertised, we will not be under any obligation to sell or provide those Goods to you.
If we discover the error before sending you a Confirmation Notice we will at our discretion, either reject your order and notify you of such rejection, or inform you as soon as possible and give you the option of cancelling your order or reconfirming it at the correct price and/or description. If we give you the option of cancelling your order or reconfirming it at the correct price and/or description but either cannot contact you or do not receive your response within 14 days of sending you notification (whether or not you receive it), we will reject your order.
If your order is cancelled or rejected and you have already paid for the Goods, you will receive a full refund.
19. Processing Refunds
We will examine any returned Goods and will notify you about your refund or replacement item via email within a reasonable period of time. We will usually process a refund or delivery of a replacement item as soon as possible and, in any case, within 30 days of the day we confirmed to you via email that you are entitled to it. Refunds will be made by crediting the payment card or electronic payment account you used to purchase the Goods.
We reserve the right to refuse to issue a refund or replacement and to recover the cost of returning or collecting the Goods in the event that the Goods are found to have suffered damage after delivery or have been misused or used other than in accordance with the instructions or if the problem is due to normal wear and tear or if the Goods have not been returned with its original packaging. This does not affect your statutory rights.
If you have a comment, concern or complaint about any Goods you have purchased from us, please contact us via email at firstname.lastname@example.org or by post Butterfly Loom Ltd, 156 Croft Road, Swindon, Wiltshire, SN1 4DT UK
21. Intellectual Property
The content of the Website is protected by copyright (including design copyrights), trade-marks, patent, database and other intellectual property rights and similar proprietary rights which include, (without limitation), all rights in materials, works, techniques, computer programs, source codes, data, technical information, trading business brand names, goodwill, service marks utility models, semi-conductor topography rights, the style or presentation of the goods or services, creations, inventions or improvements upon or additions to an invention, confidential information, know-how and any research effort relating to Butterfly Loom Ltd, moral rights and any similar rights in any country (whether registered or unregistered and including applications for and the right to apply for them in any part of the world) and you acknowledge that the intellectual property rights in the material and content supplied as part of the Website shall remain with us or our licensors.
You may download or copy the content and other downloadable items displayed on the Website subject to the condition that the material may only be used for personal non-commercial purposes. Copying or storing the contents of the Website for other than personal use is expressly prohibited.
You may retrieve and display the content of the Website on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Website.
You acknowledge that any other use of the material and content of this Website is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works from such material and content.
No licence is granted to you in these Conditions to use any of our trade-marks or those of our affiliated companies.
Goods sold by us and Website content may be subject to copyright, trade mark or other intellectual property rights in favour of third parties. We acknowledge those rights.
Butterfly Loom is a registered Trade Mark reference UK00003125922.
22. Liability and Indemnity
22.1 Notwithstanding any other provision in the Conditions, nothing will affect or limit your statutory rights or will exclude or limit our liability for any matter for which it would be unlawful for us to exclude or attempt to exclude our liability
22.2 We make no representation or warranty of any kind express or implied statutory or otherwise regarding the availability of the Website or that it will be timely or error-free, that defects will be corrected, or that the Website or the server that makes it available are free of viruses or bugs.
22.3 We cannot guarantee and cannot be responsible for the security or privacy of the Website and any information provided by you. You must bear the risk associated with the use of the internet. In particular, we will not be liable for any damage or loss caused by a distributed denial-of-service attack, any viruses trojans, worms, logic bombs, keystroke loggers, spyware, adware or other material which is malicious or technologically harmful that may infect your computer, peripheral computer equipment, computer programs, data or other proprietary material as a result of your use of the Website or you downloading any material posted or sold on the Website or from any website linked to it.
24. External Links
To provide increased value and convenience to our users, we may provide links to other websites or resources for you to access at your sole discretion and risk. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable in any way, whether directly or indirectly, for:
The privacy practices of such websites
The content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources
The use which others make of these websites; or
Any damage, loss or offence caused or alleged to be caused to you, arising from or in connection with the use of or reliance upon any such advertising, content, products, goods, materials or services available on and/or purchased by you from such external websites or resources
We reserve the right to change the domain address of this Website and any services, products, product prices, product specifications and availability at any time.
All prices and descriptions supersede all previous publications. All product descriptions are approximate.
We respect your privacy and are committed to protecting the personal information you share with us. This statement describes how we collect and use your personal information that we may collect about you through the sites and from our communications with you. The Sites is hosted by 123-reg.com.
We are conscious of our legal responsibilities as a "data controller" and we support the principles of data protection reflected in the 1995 EU Directive on Data Protection and applicable national implementing legislation. We shall endeavour to ensure that the personal information we obtain and use will always be held, used, transferred and otherwise processed in accordance with our legal obligations.
How we obtain personal information about you.
We may as a result of your interaction with our Sites and our communications with you hold and process personal information obtained about you. The types of personal information we collect may include:
your phone number
your email address
What we do with your personal information
The personal information that you provide will be available to Butterfly Loom Limited and be used for the following purposes:
to process enquiries received via the Sites
To process your delivery via a 3rd party courier service. This will entail passing to them your name, address, email and/or telephone details.
to register you for and send you newsletters
to conduct market research and business development
to provide you with information about products and promotions that may be of interest to you from ourselves
in connection with surveys related to our products and the Sites
any other purpose indicated at the time you voluntarily provide your personal information
We may from time to time use your personal information to send you automated email messages or marketing materials regarding our services and the services of third party suppliers, in each case with your prior consent. These email messages may contain features that help us make sure you received and were able to open the message.
You may opt out of receiving such marketing email messages at any time, free of charge, by replying to the message with "unsubscribe" in the subject line, or by following the instructions in any marketing communication.
Disclosing your personal information
We may disclose your personal information to companies and individuals who perform business functions and services on our behalf. Such functions may include hosting the Sites, analysing data and providing other support services. All such parties will be required to keep your personal data secure and only process it in accordance with our instructions.
We may also disclose your personal information if, in our opinion, disclosure is required by law.
We will never sell or give away your personal information to a 3rd party.