Terms & Conditions

TERMS AND CONDITIONS

 

Please carefully read these Terms and Conditions before purchasing any Ethy Ltd products on the Website. By purchasing Ethy Ltd products from the Website, you agree to be bound by these Terms and Conditions of Sale.

  

• 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.

 

Ethy Ltd reserves the right to refuse access to the Website, terminate accounts, remove or edit content, or cancel orders at its discretion. If Ethy Ltd cancels an order, it will be without charge to you.

 

 

• PRIVACY

 

Please review our Privacy Policy, which also governs your visit to the Website to understand how Ethy Ltd uses your information.

 

 

• OUR CONTRACT

 

When you place an order to purchase a product from the Website, Ethy Ltd will send you an email confirming receipt of your order and containing the details of your order. Your order represents an offer to Ethy Ltd to purchase a product which is accepted by Ethy Ltd when Ethy Ltd sends an email to you confirming that Ethy Ltd has accepted the order (the ‘Order Confirmation Email’). Such acceptance will be complete at the time Ethy Ltd sends the Order Confirmation Email to you. You are seeking to enter into a contract with Ethy Ltd when you place an order.

 

This contract is legally binding when you have placed an order, your order has been accepted by Ethy Ltd and Ethy Ltd has sent you the Confirmation Email.

 

Ethy Ltd will retain the title in the products until full payment has been made by you and has been received by Ethy Ltd.

 

• PROMOTIONAL ITEMS

 Prices and offers may vary and may only be available for limited periods. All prices and offers are subject to availability and may be withdrawn or amended at our discretion.

 

• DELIVERIES

 

Ethy Ltd 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 Ethy Ltd 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 Ethy Ltd 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 Ethy Ltd and Ethy Ltd will do its best to assist.

 

• RETURNS

 

If for any reason you are not happy with your Ethy Ltd products, please follow our Returns Policy, so that Ethy Ltd can assist you in the exchange or refund of your order. Ethy Ltd reserves the right to reject the return of products which are not returned in accordance with its Returns Policy and Ethy Ltd may request that you pay for the shipping of such goods back to you. Ethy Ltd Returns Policy does not affect your statutory rights.

 

Please note, we do not offer refunds for gift vouchers purchased.

 

• 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, Ethy Ltd 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).

 

Delivery Costs

 

1. a) If you are returning goods for exchange or return, costs incurred to return the goods shall be borne by you.

 

1. b) Ethy Ltd 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.

 

1. 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.

 

1. d) In the case of returns, you will only be refunded the value of the goods ordered.

 

1. e) Ethy Ltd 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 Policy does not affect your statutory right to cancel or any of your other statutory rights.

 

• 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.

 

Delivery Costs

 

1. 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, Ethy Ltd 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.

 

1. 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, Ethy Ltd reserve the right to charge you for the direct costs incurred by Ethy Ltd 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 Ethy Ltd as soon as reasonably practicable. Please note: if Ethy Ltd has provided any services as part of the purchase (e.g. products made to order) and Ethy Ltd have begun to provide these services before you have exercised your right to cancel, Ethy Ltd 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:

 

1. a) send an email to hello@butterflytwists.com; or

 

1. b) write to Ethy Ltd at Ethy Ltd 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 Ethy Ltd 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.

 

• 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. Ethy Ltd 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 Ethy Ltd products, you will receive a Delivery Note. To return items to Ethy Ltd , 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.

 

Ethy Ltd 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.

 

• DISCREPANCIES

 

If there are any discrepancies with your order or if your goods are faulty, you must notify Ethy Ltd as soon as possible. If you have been shipped the incorrect goods then please do accept Ethy Ltd apologies. Please follow the Returns Policy and on receipt of your order, we will reimburse the cost of returning them to Ethy Ltd. 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.

 

 

• FEEDBACK AND COMPLAINTS POLICY

 

Ethy Ltd welcomes any comments about its service, so that it can improve what it is doing. Ethy Ltd aim is to deal with any problems quickly and fairly. If you have reason to complain about Ethy Ltd service, please e-mail our Customer Services Team stating clearly that you are making a complaint. Alternatively, call Ethy Ltd on the number stated on the Website and say that you wish to make a complaint. Ethy Ltd aim is to respond to your complaint within seven (7) working days, either resolving the complaint, or with a timescale for resolution.

 

 

• 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. Ethy Ltd lists availability information for products sold by Ethy Ltd on the Website, including on each product information page. Beyond what Ethy Ltd says on that page or otherwise on the Website, Ethy Ltd 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 Ethy Ltd processes your order, Ethy Ltd will inform you by email if any products you order are subsequently found to be unavailable.

 

Despite Ethy Ltd 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, Ethy Ltd will charge the lower amount and send you the product. If a product's correct price is higher than the stated price, Ethy Ltd will, at its discretion, either contact you for instructions before shipping the products or cancel your order and notify you of such cancellation.

 

 

• CUSTOMS

 

When ordering products from the Website for delivery local taxes and duties are included in the shipping price for UK, EU, USA, Australia, and Hong Kong. There will be no additional charges for customs clearance. For all other countries local taxes and duties are not included and may be chargeable. Please make sure to check your local laws as you will be responsible for payment of these charges to the courier prior to delivery.

 

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. Ethy Ltd 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.

 

• DISCLAIMER AND LIMITATION OF LIABILITY

 

 

This Website is provided by Ethy Ltd on an “as is” and “as available” basis. Ethy Ltd 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.

 

Ethy Ltd 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. Ethy Ltd does not warrant that this Website, its servers, or e-mail by us are free of viruses or other harmful components. Ethy Ltd 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.

 

 

• ELECTRONIC COMMUNICATIONS

 

 

When you visit the Website or send emails to Ethy Ltd, you are communicating with us electronically. Ethy Ltd will communicate with you by email or by posting notices on the Website. For contractual purposes, you consent to receive communications from Ethy Ltd electronically and you agree that all agreements, notices, disclosures and other communications that Ethy Ltd provides to you electronically satisfy any legal requirement that such communications be in writing. By opening an email you are confirming you are happy to receive marketing communications from us unless you are to unsubscribe using the link at the bottom of our email communications. This condition does not affect your statutory rights.

  

• DISPUTES

 

 

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 Ethy Ltd intellectual property rights, Ethy Ltd 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.

 

 

• ALTERATION OF SERVICE OR AMENDMENTS TO THE CONDITIONS

 

 

Ethy Ltd 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 Ethy Ltd , 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.

 

  

• EVENTS BEYOND OUR REASONABLE CONTROL

 

 

Ethy Ltd 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.

 

  

• WAIVER

 

 

If you breach these Terms and Conditions and we take no action, Ethy Ltd will still be entitled to use its rights and remedies in any other situation where you breach these conditions.

 

 

• 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 Ethy Ltd 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.

 

 

• LEGAL STATEMENT

 

 

butterflytwists.com is a registered domain name of Ethy Ltd Limited.

 

LØCI is a trademark of Ethy Ltd Limited, Brentmead House, Britannia Road, North Finchley, London N12 9RU VAT number is 313 2725 36

 

 

 

• PROMOTION CODE TERMS & CONDITIONS

 

 

Official Ethy Ltd promotion codes entitle you to an offer on your online order from butterflytwists.com. To utilise your promotion code, click the "apply" button on the shopping bag or checkout and enter the specific code.

 

Please note, promotion codes can only be used once per transaction and cannot be used in conjunction with any other promotion or offer. Promotion codes are territory specific, remain our property and are not transferable. There is no cash alternative.

 

• EARLY BLACK FRIDAY AND BLACK FRIDAY SALE - UP TO 70% OFF - ONLINE

All the discount codes, when entered at the checkout screen are only available for items full priced available on the website, with the exception of gift cards which are excluded from this type of offer.
The above offer cannot be used in conjunction with any other offer which is available online.
Blacks reserves the right to refuse any code that they deem invalid or fraudulent.Please note that shoes purchased during this promotion may only be returned for a refund if faulty. In this instance you will need to return both the faulty shoes and the associated product from that purchase.    
The Black Friday offers are unreadable and you can only exchange for a similar item at the discounted price paid. Discounts above are not exchangeable for cash and are non-transferable. This does not affect your statutory rights. The discount is not available on gift cards.
Butterfly Twists reserves the right to (i) cancel this offer at any time; (ii) cancel or refuse any individual's benefit from it; (iii) amend these terms and conditions; and (iv) limit the number of code redemptions online.

 

• COMPETITIONS TERMS AND CONDITIONS 

 

 

These Terms and Conditions prevail in the event of any conflict or inconsistency with any other communications, including advertising or promotional materials. Entry/claim instructions are deemed to form part of the terms and conditions and by participating all claimants will be deemed to have accepted and be bound by the terms and conditions. Please retain a copy for your information.

 

1. The Promoter: Ethy Limited, Brentmead House, Britannia Road, London, N12 9RU (registered in England and Wales, registered company number 11493281) 

 

2. The Supplier: Please see each individual promotion for details of the prize supplier.
3. Eligibility: This prize promotion is open to UK residents (England, Scotland, Wales and Northern Ireland) aged 18 years or over, excluding employees and their immediate families (spouse, parent, child, sibling, grandparent and/or “step” family), of The Promoter, associated agents or anyone professionally connected with the prize promotion.

 

4. Promotional Period: Please see each individual promotion for its prize pool.

 

5. Entry Instructions: Please see the individual prize promotion for entry details.

 

6. Only one entry per person per prize promotion unless otherwise stated in the individual promotion. All additional entries will be disqualified.

 

7. Any entries that the Promoter consider (in our absolute discretion) to be dangerous, vulgar, offensive, indecent, illegal racist, copied, offensive, cruel or fraudulent, or infringe on the rights or copyright of others will be immediately disqualified.

 

8. No third party or bulk entries. If it becomes apparent that either a participant or household is using any means to circumvent this condition such as, and without limitation, multiple email accounts, multiple reproduced or computer-generated entries, using multiple identities, fraudulently falsifying data, acting fraudulently or dishonestly in the opinion of the promoter or otherwise acting in violation of these terms, these participants will be disqualified, and any prize entitlement will be void. Incomplete, illegible, misdirected or late entries will not be accepted. Proof of sending will not be accepted as proof of delivery or receipt. No responsibility can be accepted for entries that are incomplete, lost due to technical reasons, corrupted, delayed, wrongly delivered, or not received for whatsoever reason.

 

9. Prize Fund: Please see each individual promotion for its prize pool.

 

10. Winner Selection: Prize draw winner (s)will be randomly selected by a computerised random generator from all entries. Skills based entries shall be judged based on the judging criteria, set out in the promotion, by a panel which shall include one judge independent to the Promoter.

 

11. Winner Notification: The winners will be notified by email via the account provided at point of entry within 14 days of the closing date and will have 14 days from notification to claim their prize. If a winner does not claim their prize within this timeframe the promoter reserves the right to withdraw prize entitlement and will award the prize to a reserve drawn at the same time as the original.

 

12. It is the responsibility of the entrant to provide correct, up-to-date details when entering the prize promotion and acceptance of the prize. The Promoter cannot be held responsible for winners failing to supply accurate information which affects prize acceptance or delivery of their prize.

 

13. General: Promoter’s decision is final and binding. No correspondence will be entered into. Entry implies acceptance of these terms and conditions.

 

14. Prizes must be accepted as offered by the named winner. There is no cash or alternative prizes, in whole or part. The prizes are not transferable and cannot be resold.

 

15. The Promoter reserves the right to substitute a prize of equal or greater value should circumstances outside its control make this necessary.

 

16. The Promoter reserves the right to verify winners and ask for proof of identity, age and address and to withdraw prize entitlement where there are reasonable grounds to believe there has been a breach of these terms and conditions.

 

17. You agree that if you are a winner, you will take part in and co-operate fully with reasonable publicity and to the use of your name, photograph and any comments in such publicity without any fee being payable.

 

18. By entering the Promotion, each entrant grants the Promoter a world-wide, perpetual, irrevocable, non-exclusive, transferable, royalty free and sub-licensable right and licence to use reproduce, modify, adapt, publish or display (in whole or in part) any intellectual property contained in the content of their entry, without royalty, payment or other compensation. Each Entrant agrees not to assert any moral rights in relation to such use and warrants that they have full authority to grant such rights.

 

19. The name and county of the winners can be obtained by sending an email, 28 days after the prize promotion closing date, to marketing@butterflytwistswear.com

 

20. The Promoter reserves the right, at its sole discretion, to eliminate or disqualify any entries or entrants that it regards as being in breach of these terms and conditions or the spirit of the Promotion. Those who try to circumvent the entry process and/or entry instructions by any method, will be disqualified and any prize award will be void.

 

21. Entry into the Promotion is at the entrant’s sole risk. To the extent permitted by law, neither the Promoter nor Supplier accept any responsibility for any damage, loss, liabilities, injury, costs, expenses or claims (whether in contract, tort or otherwise) suffered by entrants or any third parties arising out of or in connection with the Promotion and/or accepting a prize. The Promoter and Supplier further disclaim liability for any injury or damage to entrants or any other person relating to or resulting from participation with this Promotion save that nothing in these terms and conditions shall act to limit or exclude the Promoter and Supplier’s liability resulting from its negligence or fraud.

 

22. If for any reason, the Promotion is not capable of running as planned for reasons (including but not limited to tampering, unauthorized intervention, fraud, technical failures or any other causes beyond the control of the Promoter which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Promotion), the Promoter reserves the right (subject to any written directions given under applicable law) to disqualify any individual who tampers with the entry process and to cancel, terminate, modify or suspend the Promotion.

 

23. If an act, omission, event or circumstance occurs which are beyond the reasonable control of the Promoter and which prevents the Promoter from complying with these terms and conditions the Promoter will not be liable for any failure to perform or delay in performing its obligation.

 

24. The Promoter accepts no responsibility for system errors or other issues that may result in disruption to, lost, delayed or not received entries, winner notifications or prizes. The Promoter, the Supplier or its agencies will not be responsible for the non-inclusion of entries as a result of technical failures or otherwise, including any such failure which is within the control of The Promoter or its agencies.

 

25. Where a prize is provided by a Supplier, the Promoter accepts no responsibility for inaccuracy of any prize description, and The Supplier is responsible for prize fulfilment.

 

26. If any of these clauses should be determined to be illegal, invalid or otherwise unenforceable then it shall be severed and deleted from these Terms and Conditions and the remaining clauses shall survive and remain in full force and effect.

 

27. The Promoter and the Supplier reserve the right to cancel, amend, withdraw, terminate or temporarily suspend this promotion in the event of any unforeseen circumstances or technical reason outside its reasonable control, with no liability to any entrants or third parties but will use all reasonable endeavours to avoid consumer disappointment.

 

28. The decisions of the Promoter are final and binding in all matters relating to the Promotion and no correspondence will be entered into.

 

29. The Promotion and these terms and conditions, and any disputes arising therefrom, shall be subject to English law and the exclusive jurisdiction of the English and Welsh Courts.

 

30. Data Protection: Any personal information that entrants share with the Promoter will be kept secure and only used in line with these terms and conditions unless the entrant has opted in to future marketing from the Promoter and/or the Supplier. By entering the promotion, entrants agree that their information may be used by the Promoter to administer the promotion and winners consent to give their name and county for the winners’ list.

 

31. Data Transfer : The promoter may transfer or authorize the transfer of data to suppliers outside the EU and/or the European Economic Area (EEA) once entry into the promotion is confirmed. If personal data processed under this Agreement is transferred from a country within the European Economic Area to a country outside the European Economic Area, the Parties shall ensure that the personal data are adequately protected. To achieve this, the Parties shall, unless agreed otherwise, rely on EU approved standard contractual clauses for the transfer of personal data. The Promoter further disclaim liability for any injury or damage to entrants or any other person relating to or resulting from external contact from the supplier save that nothing in these terms and conditions shall act to limit or exclude the Promoter resulting from its negligence or fraud.