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Terms & Conditions

Last Updated: 1st October 2015

The www.congocockatoo.co.uk website is operated by Congo Cockatoo (referred to as "Congo Cockatoo/we/our/us"). As a user of this website (referred to as "you/your") you acknowledge that any use of this website including any transactions you make ("use/using") is subject to our terms and conditions below (which includes any other important and linked sections, for example, Delivery Info, Returns Policy, and Privacy Policy.

1. General Terms

1.1 We reserve the right to change these terms and conditions at any time. Any such changes will take effect when posted on the website as shown by the date above, (registered users will receive an email altering to changes to any of our terms and conditions) and it is your responsibility to read the terms and conditions on each occasion you use this website and your continued use of the website shall signify your acceptance to be bound by the latest terms and conditions.

1.2 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use this website.

1.3 Certain website features and functions such as exclusive offers and online purchases will require account registration and subsequent access to those features and functions will be subject to an approved email and password ("Login Details"). Information that you provide on this website must be accurate and complete. All Login Details are accepted and may be withdrawn at our sole discretion and are exclusive to you and non-transferable and must be treated as strictly confidential at all times. In the event that you have any concerns regarding your Login Details or become aware of any misuse then you must inform us immediately by Contacting us.

2. Order Processing

2.1 Please see the Delivery Info section for information on how orders will be handled with regards to delivery. All orders that you place on this website will be subject to acceptance in accordance with these terms and conditions.

2.2 The Order Acknowledgement stage whilst making your order sets out the final details of your order. We will send to you an order acknowledgement email detailing the products you have ordered following the Order Acknowledgement. This email is not an order confirmation or order acceptance from Congo Cockatoo.

2.3 Acceptance of your order and the completion of the contract between you and us will take place on despatch of the products ordered unless we have notified you that we do not accept your order or you have cancelled it (see Returns Policy for more info). For orders you make where you have opted to collect your order directly from us in person, completion of the contract between you and us will take place at the time you collect your order from us.

2.4 We post details of your order for you to access as a reference in your online account, located within our Customer Portal on this website, but we recommend that you save your own copy of the order acknowledgement for your own records.

3. Delivery

3.1 This website is for delivery of orders to customers located within mainland UK, Northern Ireland , Highlands of Scotland, The Shetlands, Isle of Man and the Isles of Scilly addresses. We cannot deliver to the Channel Islands, British Forces PO addresses, or the Republic of Ireland. All orders must be signed for by an adult aged 18 years or over on delivery.

3.2 Delivery charges and estimated timescales are specified in the Delivery Info section and also when you place an order. We make every effort to deliver all orders within the estimated timescales, however delays are occasionally inevitable due to unforeseen circumstances. Congo Cockatoo shall be under no liability for any delay or failure to deliver an order within the estimated timescales.

3.3 Risk of loss and damage of products you order passes to you on the date when your order is delivered to you or are left with a person or place nominated by you.

4. Payment

4.1 We take payment from you at the time we receive your order using PayPal. You do not need to have an account with PayPal when making an order on the website as you can pay for your order securely using your credit or debit card. If you do have a PayPal account you can login to PayPal when confirming your order. We check stock availability when you place an order and any relevant out of stock details will be presented to you, where possible, before we take payment. Products are subject to availability. In the event that we are unable to supply the products, we will inform you of this as soon as possible. A full refund will be given where you have already paid for the products. You can choose to wait for any out of stock products to be sent to you if you choose to not have an immediate refund. Additional Terms and Conditions for payments made using PayPal can be found at www.paypal.co.uk (opens in a new window).

4.2 To ensure that your credit/debit card or PayPal account is not being used without your consent, we may validate your name, address and other personal information supplied by you during the order process against appropriate third party databases. By accepting these terms and conditions you consent to such checks being made. In performing these checks, personal information provided by you may be disclosed to a registered Credit Reference Agency which may keep a record of that information. We assure you that this is done only to confirm your identity, that a credit check is not performed and that your credit rating will be unaffected. All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998.

4.3 If we discover an error in the price of products ordered, we will inform you as soon as possible prior to dispatch or collection. We will provide to you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as being cancelled. If you choose to cancel and have already paid for the goods you will receive a full refund. If you have opted to collect your order from us, if any product prices change after you have confirmed your order but before you have collected your order the following will apply;

a) If the price of any product has increased you will not be charged the higher price as you will have already paid for your order.
b) If the price of any product has decreased you can request to receive a refund of the difference in price between the price you paid for the product and the current price of the product at the time of collection.

4.4 Title to any products you order on this website will pass to you on delivery of your order provided that we have processed and received payment in full for the order. For orders you opt to collect from us, the title to products shall pass to you once the products have been handed over to you.

4.5 All product prices are shown in £s sterling and exclude VAT (as we are not VAT registered) and delivery charges, unless expressly stated otherwise (see Delivery Info for more information regarding delivery).

5. Returns, Cancellations, Refunds & Exchanges

5.1 We offer a 30 day money back guarantee, see our Returns Policy for more information. Some products may be excluded from return eligibility after delivery and this will be clearly detailed within the product listing on the website. In the unlikely event that you receive faulty or damaged products, please refer to our Returns Policy.

5.2 Sometimes the product specifications may change, in which case we will do our best to offer you a similar alternative. Some of our gift products are handmade, by us, some products we sell are handmade or manufactured by others. We may experience problems with the supply of certain products and may therefore supply a substitute of the same or better quality at the same price. If you are not happy with the replacement or substitute you can return it to us in accordance with our 30 day money back gurantee. Where applicable, you may cancel your order in accordance with your rights under the Consumer Contracts (Information, Cancellation & Additional Charges Regulations), see Returns Policy for further details.

5.3 All sizes and measurements are approximate but we do try to make sure that they are as accurate as possible.

6. Intellectual Property

6.1 You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all materials and/or content made available as part of your use of this website shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.

6.2 You acknowledge and agree that the material and content contained within this website is made available for your personal non-commercial use only and that you may only download such material and content for the purpose of using this website. You further 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 of such material and content.

7. Liability and Indemnity

7.1 Nothing in these terms and conditions excludes or limits liability for death or personal injury caused by negligence, fraudulent misrepresentation, or any other liability which may not otherwise be limited or excluded under applicable law.

7.2 Subject to Section 7.1 above, Congo Cockatoo will use reasonable endeavours to verify the accuracy of any information on the site but makes no representation or warranty of any kind express or implied, statutory or otherwise regarding the contents or availability of the site or that it will be timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy or reliability of the website. Congo Cockatoo will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website and Congo Cockatoo accepts no liability of any kind for any loss or damage from action taken or taken in reliance on material or information contained on the site.

7.3 Subject to Section 7.1 above, other than as expressly provided in these terms and conditions with respect to specific products and except for the exclusive remedies set out at Section 5 above, any indemnities, warranties, terms and conditions (whether express or implied) are hereby excluded to the fullest extent permitted under applicable law.

7.4 Subject to Section 7.1 above, Congo Cockatoo will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent on negligent misrepresentations) or otherwise out of or in connection with the terms and conditions for any:
a) economic losses (including without limitation loss of revenues, data, profits, contracts, business or anticipated savings); or
b) loss of goodwill or reputation; or c) special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under these terms and conditions.

7.5 Notwithstanding the above, subject to Section 7.1 Congo Cockatoo' aggregate liability (whether in contract, tort or otherwise) for loss or damage shall in any event be limited to a sum equal to the amount paid or payable by you for the product(s) in respect of one incident or series of incidents attributable to the same clause.

7.6 This clause 7 does not affect your statutory rights as a consumer, nor does it affect your contract cancellation rights.

7.7 We will take all reasonable precautions to keep the details of your order and payment secure, but, unless we are negligent, we cannot be held liable for any losses caused as a result of unauthorised access to information provided by you.

8. Miscellaneous Terms

8.1 The contract between us shall be governed by the laws of England and any dispute between us will be resolved exclusively in the courts of England. English is the only language offered for the conclusion of the contract.

8.2 We have selected our products on the basis that they will be used for domestic use only, if you are planning to use them for business purposes please make sure that you are covered by the appropriate insurance. Where you decide to use the products in the course of a business, we exclude (to the fullest extend permitted by law) those warranties and conditions relating to fitness for a particular purpose. Our maximum liability to business users arising out of or in connection with the products shall be limited to the replacement value of the product in question (except in the case of death or personal injury caused by our negligence or in respect of fraud). In relation to business users, we do not accept liability for the fitness of products for business purposes, nor do we accept liability for loss of use of the product nor any loss over and above the cost of the product in the event of a claim for breach of warranty or condition.

8.3 Congo Cockatoo shall be under no liability for any delay or failure to deliver products or otherwise perform any obligation as specified in these terms and conditions if the same is wholly or partly caused whether directly or indirectly by circumstances beyond its reasonable control.

8.4 To provide increased value to our customers, we may provide links to other websites or resources for you to access at your sole discretion. 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, directly or indirectly, for (i) the privacy practices of such websites, (ii) 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 or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.

8.5 You may not assign or sub-contract any of your rights or obligations under these terms and conditions or any related order for products to any third party unless agreed upon in writing by Congo Cockatoo.

8.6 Congo Cockatoo reserves the right to transfer, assign, novate or sub-contract the benefit of the whole or part of any of its rights or obligations under these terms and conditions or any related contract to any third party.

8.7 If any portion of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the other sections of these terms and conditions shall not be affected.

8.8 These terms and conditions do not create or confer any rights or benefits enforceable by any person that is not a party (within the meaning of the U.K. Contracts (Rights of Third Parties) Act 1999) except: a) Varied Ventures Ltd (as defined below) shall have the right to enforce any rights or benefits under these terms and conditions; b) Varied Ventures Ltd shall have the right to enforce and take the benefit of the rights or benefits of any limitation or exclusion or limitation of liability in these terms and conditions; c) a person who is a permitted successor or assignee under Section 8.8 above of the rights or benefits of these terms and conditions may enforce such rights or benefits. d) No consent from the persons referred to in Section 8.9 is required for the parties to vary or rescind these terms and conditions (whether or not in any way that varies or extinguishes rights or benefits in favour of such third parties).

8.9 No delay or failure by Congo Cockatoo to exercise any powers, rights or remedies under these terms and conditions will operate as a waiver of them nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing and signed by an authorised representative of Congo Cockatoo.

8.10 These terms and conditions including the documents or other sources referred to in these terms and conditions supersede all prior representations understandings and agreements between you and Congo Cockatoo relating to the use of this website (including the order of products) and sets forth the entire agreement and understanding between you and Congo Cockatoo for your use of this website.

The Congo Cockatoo website is operated by;

Congo Cockatoo
www.congocockatoo.co.uk
info@congocockatoo.co.uk
Selsey, West Sussex, UK.

Congo Cockatoo is a trading name of Varied Ventures Ltd, registered in England & Wales with Company Number 09812363. Registered Office: 71-75, Shelton Street, Covent Garden, London, WC2H 9JQ, United Kingdom. Varied Ventures Ltd also trades under other trading styles such as Crafty Designs and Gifts (www.craftydesigns.co.uk) and AppyMoments (www.appymoments.co.uk). For a full list of associated trading styles please email info@variedventures.co.uk

Please send any correspondence relating to the Congo Cockatoo website to info@congocockatoo.co.uk

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