Price and payment

1.1
The prices indicated on the Website are denominated in euros, include Value Added Tax (VAT) and exclude shipping costs. The return shipping costs will be borne by the Seller. The total Purchase Price due will be indicated when the Order is placed and when the Agreement is confirmed.

1.2
The Seller will be entitled to adjust the prices indicated on the Website from time to time without any notice being required. The prices indicated at the time at which the Order is placed, are the prices that form part of the Agreement.

1.3
Payments must be made when the order is placed, using the methods indicated on the website.

1.4
The Buyer is obliged to notify the Seller immediately regarding any errors in the payment details that the Buyer has provided to the Seller.

Shipping

2.1
Shipment will be made using a carrier designated by the Seller.

2.2
After the Agreement has been concluded the Seller will send the Products as quickly as possible, and in any event within fourteen (14) days, to the address indicated by the Buyer, provided that the Seller has received the full Purchase Price.

2.3
The Seller will make delivery in accordance with agreed delivery dates to every extent possible; however, the Buyer acknowledges that the delivery dates are based on the circumstances of which the Seller is aware at the time at which the Agreement is concluded and, insofar as they are dependent on work or services to be provided by third parties, on the information that such third parties provide to the Seller.

2.4
The Buyer will receive notice within 14 (fourteen) days after the Agreement is concluded in the event that the delivery is delayed or in the event that an order cannot be executed in whole or in part, in which case the Seller will be entitled to dissolve the Agreement free of charge until the time at which the Order is shipped.

2.5
The risk with respect to any damage to or loss of the Products will be transferred to the Buyer as from the time at which the Products are delivered.

Right to return

3.1

Products may only be returned until 30 days after purchasing date, and only when they are undamaged, in the original packaging and with the original tags still on the items. Clothes may be tried on, but not worn.

 

3.2

Products that were bought with a voucher or discount code, are not eligible for return.

 

3.3

The Seller shall bear the cost of Products the Buyer would like to return to the Seller, provided that Buyer uses the return shipping label provided by the Seller within the country of delivery and provided that Buyer meets any other conditions for eligibility for this offer, as communicated by the Seller from time to time. The Buyer remains free, at all times, to select a different return shipment method and return the Products at Buyer’s own cost.

 

3.4
In the case referred to in the preceding subsection, the Seller will refund the Purchase Price as quickly as possible, but in any event within 30 days after Birdie's Fashion received the returned product. If not all the Products that form part of the Agreement are returned, the Seller will be entitled to deduct the original shipping costs from the Purchase Price to be refunded because the same amount of shipping costs will be due for the Products that have not been returned.

Force majeure

4.1
The Seller is not liable for any damage as a result of a delay in the delivery or a failure to deliver that has been caused by circumstances that impede the Seller from complying with its obligations, and that cannot be attributed to the Seller because they cannot be blamed on the Seller, and cannot be deemed to be for the Seller’s account in accordance with the law, a legal act or in accordance with generally accepted standards, such as - but not restricted to - war, threat of war, civil war, riots, a day of national mourning announced by the government, strikes, transport problems, trade limitations, problems with customs authorities, fire, flooding, earthquake or the bankruptcy of third parties engaged by the Seller, a failure on the part of the Seller’s suppliers to supply goods or a failure on the part of the Seller’s suppliers to supply goods in a timely manner, interruptions in the supply of goods to be delivered by third parties, including water and electricity, and other serious interruptions in the business operations of the Seller or third parties that it engages.

4.2
If as a result of a situation involving force majeure the Seller fails to comply with its obligations under the Agreement or fails to do so in a timely manner, the Seller will be entitled to perform the Agreement within a reasonable term or – if compliance within a reasonable term is not possible – to dissolve the Agreement in whole or in part, without the Seller being obliged to pay the Buyer any compensation in that respect.

Complaints

5.1
The contact details of the Seller to handle complaints can be found by clicking on the ‘Contact’ button on the Website.

5.2
The Buyer will be obliged to inspect the Product when it has been delivered and to notify the Seller within a reasonable term in the event that there are any visible defects or other complaints regarding the performance of the Agreement. Such complaints must be submitted in writing and must be fully and clearly substantiated.

5.3
The Seller will respond to any complaints that it receives within a term of 14 days after receipt. The Seller will notify the Buyer within a term of 14 days in the event that it is foreseeable that the complaint will require a longer term to be processed, stating the term within which the Buyer can expect to receive an answer.

5.4
The Buyer acknowledges that: minor deviations and deviations that are generally considered acceptable in respect of the quality, size, colour, finishing, etc. of Products cannot be avoided or are difficult to avoid and do not constitute a well founded reason to submit a complaint. Such complaints, and complaints regarding the removal of certain Products from the Website, are not well founded. The Seller will not be liable for any damage that the Buyer sustains as a result of such deviations or the removal of such Products from the Website.

5.5
The Buyer will fully cooperate in the event that the Seller recalls a Product. The Buyer will notify the Seller immediately in the event that the Buyer suspects that a Product has a safety defect and is subject to being recalled.