Terms and Conditions of Sale
Please carefully read these Terms and Conditions before purchasing any BUTTERFLY TWISTS products on the Website. By purchasing BUTTERFLY TWISTS products from the Website, you agree to be bound by these Terms and Conditions of Sale.
1. Your Account
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password. You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
Please ensure that the details you provide us with are correct and complete and inform Customer Services immediately of any changes to the information that you provided when you registered.
The Website only sells products to individuals who can purchase with a credit card/debit card. If you are under sixteen (16), you may use the Website only with the express permission and supervision of a parent or guardian.
BUTTERFLY TWISTS reserves the right to refuse access to the Website, terminate accounts, remove or edit content, or cancel orders at its discretion. If BUTTERFLY TWISTS cancels an order, it will be without charge to you.
3. Our Contract
When you place an order to purchase a product from the Website, BUTTERFLY TWISTS will send you an email confirming receipt of your order and containing the details of your order. Your order represents an offer to BUTTERFLY TWISTS to purchase a product which is accepted by BUTTERFLY TWISTS when BUTTERFLY TWISTS sends an email to you confirming that BUTTERFLY TWISTS has accepted the order (the ‘Order Confirmation Email’). Such acceptance will be complete at the time BUTTERFLY TWISTS sends the Order Confirmation Email to you. You are seeking to enter into a contract with BUTTERFLY TWISTS when you place an order.
This contract is legally binding when you have placed an order, your order has been accepted by BUTTERFLY TWISTS and BUTTERFLY TWISTS has sent you the Confirmation Email.
BUTTERFLY TWISTS will retain the title in the products until full payment has been made by you and has been received by BUTTERFLY TWISTS
BUTTERFLY TWISTS will endeavour to deliver all products you have ordered within the time period specified on your Order Confirmation Email. Please click here to view our delivery details and charges (if applicable).
All products purchased from the Website are made pursuant to a shipment contract. This means that the risk of loss for such products pass to you upon our delivery to the carrier. If you have received your Order Confirmation Email but your products have not arrived within the time specified in the Order Confirmation Email, please contact BUTTERFLY TWISTS Customer Services and we will do our best to assist. Note that during exceptionally busy periods (e.g. Christmas) or when the weather is particularly inclement please allow an additional day before raising a query.
If your order has not been received within BUTTERFLY TWISTS’S specified timescales as further set out below, in the first instance please check with your local mail delivery office to see that they are not holding your parcel. If they confirm that they do not have your products, please contact BUTTERFLY TWISTS and BUTTERFLY TWISTS will do its best to assist.
If for any reason you are not happy with your BUTTERFLY TWISTS products, please follow our Returns Procedure, so that BUTTERFLY TWISTS can assist you in the exchange or refund of your order. BUTTERFLY TWISTS reserves the right to reject the return of products which are not returned in accordance with its Returns Procedure and BUTTERFLY TWISTS may request that you pay for the shipping of such goods back to you. BUTTERFLY TWISTS’S Returns Procedure does not affect your statutory rights.
A. Returns or Exchanges
You may return new, unworn or unused products which you wish to exchange or return within thirty (30) days from the date on which the goods were shipped to you. Where you wish to exchange a product, please note that you may exchange with a product of less, the same or of more value than the original item you wish to exchange. In the event that the item you wish to exchange your original purchase with is more expensive, BUTTERFLY TWISTS will contact you and obtain the remaining balance.
Please note: your right to exchange or return products is separate from your statutory right to cancel your order under the Distance Selling Regulations (see below).
a) If you are returning goods for exchange or return, there will be no additional delivery charge.
b) BUTTERFLY TWISTS will not refund the original delivery charge in the case of exchanges or returns.
Please note: you will only be reimbursed the original delivery charge where you exercise your statutory right to cancel your entire order within the 7 working day period beginning after the day of receipt of the goods under the Distance Selling Regulations – see Statutory Right to Cancel below.
c) You will not be liable for the delivery costs incurred by us in sending you any products as exchanges.
Please note, you will not be liable for the costs of returning any substitute goods i.e. where you have been supplied with substitute goods because the original goods became unavailable when ordered or pre-ordered – see Pre-orders and Substitutes above.
d) In the case of returns, you will only be refunded the value of the goods ordered.
e) BUTTERFLY TWISTS will only pay the return costs and subsequent re-delivery costs (if applicable) if the return is a result of our error or the goods are faulty.
This Returns Procedure does not affect your statutory right to cancel or any of your other statutory rights.
B. Statutory Right to Cancel
In addition to our Returns or Exchange Procedure, under the Distance Selling Regulations you also have seven (7) working days (beginning the day after receipt of the goods) to cancel your purchase order.
a) Where you exercise your statutory right to cancel, we will provide a full refund on the price paid for the goods. If you have cancelled your entire order, BUTTERFLY TWISTS will also refund your original delivery charge. If you only cancel part of your order and return only some of the goods delivered to you, delivery charges will not be refunded. This is because generally the delivery charge is normally the same regardless of the number of items delivered and, if you retain part of your order, the delivery charge still applies to the part that you retained.
b) Where you fail to return the product(s) in question or you send them at our expense, or if our appointed courier collects the goods from you, BUTTERFLY TWISTS reserve the right to charge you for the direct costs incurred by BUTTERFLY TWISTS in collecting or returning the goods (other than where the goods have been sent to you in error or where such goods are faulty in which case, such costs shall be at our expense).
Where you exercise your right to cancel within 7 (seven) working days, you should return the goods to BUTTERFLY TWISTS as soon as reasonably practicable. Please note: if BUTTERFLY TWISTS has provided any services as part of the purchase (e.g. products made to order) and BUTTERFLY TWISTS have begun to provide these services before you have exercised your right to cancel, BUTTERFLY TWISTS shall not reimburse the costs of such services.
How do I exercise my statutory right to cancel?
In order to exercise your right to cancel, please:
a) send an email to customerservices@BUTTERFLY TWISTS.com; or
b) write to BUTTERFLY TWISTS at BUTTERFLY TWISTS’S address at the end of these terms;
making it clear in your correspondence that you are giving notice to exercise your statutory right to cancel.
Your email or letter will be deemed to have been received by BUTTERFLY TWISTS on the date you send it (provided it is sent to the correct address and it is sufficiently clear that you are exercising your right to cancel). Please try and keep the confirmation of any letter or email to demonstrate the date when you sent it.
C. Conditions for All Returns, Exchanges or Statutory Right to Cancel
All goods must be returned to us unused, together with all original packaging (please note you have a duty to take reasonable care of returned goods and any refund may be withheld or a charge incurred if you fail to take such care and damage the goods). Please make sure that your return package is packed and sealed securely (in or with the original packaging if possible). Packages must be returned with the freight prepaid. BUTTERFLY TWISTS recommends the use of an insured parcel service, such as Royal Mail Special Delivery (or if returning packages outside of the UK an equivalent international postage service).
With your purchase of BUTTERFLY TWISTS products, you will receive a Delivery Note and Returns Form. To return items to BUTTERFLY TWISTS, whether for exchange or return, simply fill out your Returns Form as instructed, include the Returns Form in the package and attach the label (including your Delivery Note number) to the outside of the package then post it back to us. If you do not have your Delivery Note or Returns Form, our Returns Team will be happy to send you electronic copies for you to print off at home. You can contact BUTTERFLY TWISTS by telephone on + 44 (0) 845 094 0278. Our lines are open Monday to Friday, 9am to 5pm UK time.
BUTTERFLY TWISTS will refund the cost of the goods and the cost of the delivery charges (where applicable) to the method of payment used to place your order within thirty (30) days of receipt of your order or of your notice of your statutory right to cancel.
If there are any discrepancies with your order or if your goods are faulty, you must notify BUTTERFLY TWISTS as soon as possible. If you have been shipped the incorrect goods then please do accept BUTTERFLY TWISTS’S apologies. Please follow the Returns Procedure and on receipt of your order, we will reimburse the cost of returning them to BUTTERFLY TWISTS. Any replacements will be sent to you at no extra cost to yourself.
Please note that the return postage refund will be sent by cheque. Please allow up to thirty (30) days for your refund to be processed.
6. Feedback and Complaints Policy
BUTTERFLY TWISTS welcomes any comments about its service, so that it can improve what it is doing. BUTTERFLY TWISTS’S aim is to deal with any problems quickly and fairly. If you have reason to complain about BUTTERFLY TWISTS’S service, please e-mail our Customer Services Team stating clearly that you are making a complaint. Alternatively, call BUTTERFLY TWISTS on the number stated on the Website and say that you wish to make a complaint. BUTTERFLY TWISTS’S aim is to respond to your complaint within seven (7) working days, either resolving the complaint, or with a timescale for resolution.
7. Pricing and availability
All prices are quoted in Pounds Sterling and are inclusive of VAT unless otherwise specified. All item prices are exclusive of delivery charges. BUTTERFLY TWISTS lists availability information for products sold by BUTTERFLY TWISTS on the Website, including on each product information page. Beyond what BUTTERFLY TWISTS says on that page or otherwise on the Website, BUTTERFLY TWISTS cannot be more specific about availability. Please note that shipping dates are estimates only. Unless otherwise stated, dispatch dates are not guaranteed and should not be relied upon. As BUTTERFLY TWISTS processes your order, BUTTERFLY TWISTS will inform you by email if any products you order are subsequently found to be unavailable.
Despite BUTTERFLY TWISTS’S best efforts, a small number of the products on the Website may be mis-priced. If a product's correct price is lower than the stated price, BUTTERFLY TWISTS will charge the lower amount and send you the product. If a product's correct price is higher than the stated price, BUTTERFLY TWISTS will, at its discretion, either contact you for instructions before shipping the products or cancel your order and notify you of such cancellation.
When ordering products from the Website for delivery overseas you may be subject to import duties and taxes, which are levied once the package reaches the specified destination. Any additional charges for customs clearance must be borne by you as BUTTERFLY TWISTS has no control over these charges and cannot predict what they may be. Customs policies vary widely from country to country, so you should contact the local customs office for further information. Additionally, please note that when ordering from the Website, you are considered the importer of record and must comply with all laws and regulations of the country in which the products are received. Your privacy is important to us and we know that you care about how information about your order is used and shared. BUTTERFLY TWISTS would like its International customers and customers dispatching products internationally to be aware that cross-border deliveries are subject to opening and inspection by customs authorities.
9. Disclaimer and limitation of liability
This Website is provided by BUTTERFLY TWISTS on an “as is” and “as available” basis. BUTTERFLY TWISTS makes no representations or warranties of any kind, express or implied, as to the operation of this Website or the information, content, materials, or products included on this Website. It is expressly agreed by you that your use of this Website is at your sole risk.
BUTTERFLY TWISTS disclaims all warranties, express or implied, including, but not limited to, implied warranties of saleability and fitness for purpose to the fullest extent permissible by applicable law. BUTTERFLY TWISTS does not warrant that this Website, its servers, or e-mail by us are free of viruses or other harmful components. BUTTERFLY TWISTS will not be liable for any damages of any kind arising from the use of this Website, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
Laws of certain countries or states do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.
10. Electronic communications
When you visit the Website or send emails to BUTTERFLY TWISTS, you are communicating with us electronically. BUTTERFLY TWISTS will communicate with you by email or by posting notices on the Website. For contractual purposes, you consent to receive communications from BUTTERFLY TWISTS electronically and you agree that all agreements, notices, disclosures and other communications that BUTTERFLY TWISTS provides to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
Any dispute relating in any way to your visit to the Website or to products you purchase through the Website may be submitted to the courts of England and Wales, except that, to the extent you have in any manner violated or threatened to violate BUTTERFLY TWISTS’s intellectual property rights, BUTTERFLY TWISTS may seek injunctive or other appropriate relief in any court in any country in the world, and you consent to exclusive jurisdiction of such courts.
12. Alteration of Service or Amendments to the Conditions
BUTTERFLY TWISTS reserves the right to make changes to its Website, policies, and these Terms and Conditions of Sale at any time. Your usage of the Website and your orders will be subject to the policies and Terms and Conditions of Sale in force at the time that you use the Website or that you order products from BUTTERFLY TWISTS, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply to orders previously placed by you). If any of the provisions of these Terms and Conditions of Sale are deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of the remaining conditions.
13. Events beyond our reasonable control
BUTTERFLY TWISTS will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond its reasonable control. This condition does not affect your statutory rights.
If you breach these Terms and Conditions and we take no action, BUTTERFLY TWISTS will still be entitled to use its rights and remedies in any other situation where you breach these conditions.
15. Governing law and jurisdiction
Your use of the Website, any purchase by you on the Website of any products and these conditions will be governed by and construed in accordance with the laws of England and Wales and will be deemed to have occurred in England. You agree, as BUTTERFLY TWISTS does, to submit to the non-exclusive jurisdiction of the English courts.
Your statutory rights are not affected by these Terms and Conditions of Sale.
16. Legal Statement
www.butterflytwists.com is a registered domain name of Butterfly Twists Limited.
Butterfly Twists is a trademark of Butterfly Twists Limited, 18 New Horizon Business Centre, Barrows Road, Harlow, Essex, CM19 5FN. Our VAT number is 101 1337 85.
GENERIC WEBSITE ACCEPTABLE USE POLICY
This acceptable use policy sets out the terms between you and us under which you may access our website www.butterflytwists.com (our site). This acceptable use policy applies to all users of, and visitors to, our site.
Your use of our site means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement our terms of website use.
www.butterflytwists.com is a site operated by Butterfly Twists. We are registered in England and Wales under company number 227323 and we have our registered office at 18 New Horizon Business Centre, Barrows Road, Harlow, Essex, CM19 5FN. Our VAT number is 101 1337 85.
You may use our site only for lawful purposes. You may not use our site:
- In any way that breaches any applicable local, national or international law or regulation.
- In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
- For the purpose of harming or attempting to harm minors in any way.
- To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards.
- To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
- To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree:
- Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our terms of website use.
- Not to access without authority, interfere with, damage or disrupt:
- any part of our site;
- any equipment or network on which our site is stored;
- any software used in the provision of our site; or
- any equipment or network or software owned or used by any third party.
We may from time to time provide interactive services on our site, including, without limitation:
- Chat rooms.
- Bulletin boards.
Voting features (interactive services).
Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.
Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
These content standards apply to any and all material which you contribute to our site (contributions), and to any interactive services associated with it.
You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any contribution as well as to its whole.
- Be accurate (where they state facts).
- Be genuinely held (where they state opinions).
- Comply with applicable law in the UK and in any country from which they are posted.
Contributions must not:
- Contain any material which is defamatory of any person.
- Contain any material which is obscene, offensive, hateful or inflammatory.
- Promote sexually explicit material.
- Promote violence.
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any copyright, database right or trade mark of any other person.
- Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
- Promote any illegal activity.
- Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety.
- Be likely to harass, upset, embarrass, alarm or annoy any other person.
- Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
- Give the impression that they emanate from us, if this is not the case.
- Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
Suspension and termination
We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our site. When a breach of this policy has occurred, we may take such action as we deem appropriate.
- Immediate, temporary or permanent withdrawal of your right to use our site.
- Immediate, temporary or permanent removal of any posting or material uploaded by you to our site.
- Issue of a warning to you.
- Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
- Further legal action against you.
- Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
Changes to the acceptable use policy
We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our site.