Terms and Conditions

1. Background to these Terms and Conditions

1.1 Legally binding. Please review these Terms and Conditions carefully and make sure that You understand them before using the Website and/or making an Order. These Terms and Conditions constitute a legally binding agreement between:

(a) in the context of Your use of this Website, You and Paintedbird.shop and

(b) in the context of the Contract for Your purchase of Products, You and the relevant Retailer who is the seller of those Products. As described more fully below (see Sections 4.2 and 4.3) we conclude this Contract on the relevant Retailer’s behalf acting as their agent.

1.2 Acceptance. By accessing this Website or purchasing any Products, You agree to be bound by these Terms and Conditions (including as such are incorporated in the Contract, where applicable). If You do not accept these Terms and Conditions, You cannot use the Website nor purchase any Products and You should cease using the Website immediately.

1.3 Consumers only. The Products and other services offered via this Website are for consumers only – they are only to be used for non-commercial, non-business, private purposes by consumers. By accepting these Terms and Conditions You promise to Us that You are a consumer and not acting in the course of a business.

1.4 Termination. Paintedbird.shop may change or discontinue the availability of the Website and at any time without prior notice.

2. Definitions

When We use certain capitalised words in these Terms and Conditions, they have the specific meaning outlined either in this Section 2 or in the sentence where that term is defined. You will be able to spot definitions by looking out for terms that look like this: (“Defined Term”).

2.1 “Account” means Your account for Paintedbird.shop, which is created when You register with Paintedbird.shop by completing the registration process on the Website.

2.2 “Contract” means the contract for the sale and purchase of the Products between You and the relevant Retailer (as identified on a Product’s listing and Your Order confirmation email), which incorporates these Terms and Conditions.

2.3 “Listings” means a summary on the Website of Products containing, without limitation, an image of the Product, a description of the Product and a statement of the then current price of the Product.

2.4 “Order” means Your order for the purchase of Product(s) from a Retailer that You place via the Website. All derivatives of the word “Order” (such as “Ordered”) should be understood in the context outlined in this definition.

2.5 “Products" means the Retailer's goods, which it offers for sale via the Website from time to time.

2.6 "Retailer” means the independent boutique for whom Paintedbird.shop:

(a) markets, promotes and publishes Products through the Website; and

(b) accepts and processes Orders from end-users of the Website for those Products, as described in these Terms and Conditions.

2.7 “Terms and Conditions” means the terms and conditions set out on this page, together with the Paintedbird.shop policies explicitly referenced herein (e.g., Paintedbird.shop Returns Policy).

2.8 “Website” means www.Paintedbird.shop (including its subdomains) and any other associated applications or website owned and/or operated by Paintedbird.shop from time to time.

2.9 “You” and “Your” means an end-user of the Website.

3. Information about Paintedbird.shop and Our contact details

3.1 Who We are. “Paintedbird.shop” is the trading name of Forever Power trading Co./ Paintedbird.shop, a company incorporated and registered in Unit G1, 35/F, Legend Tower, 7 Shing Yip Street, Kwun Tong, Kowloon, Hong Kong. In these Terms and Conditions, “We”, “Our” and “Us” are all references to Paintedbird.shop – however, in the context of the Contract, You should read these terms as references to the relevant Retailer from whom you Ordered the Products (for more detail see Section 4 and specifically Section 4.5)

3.2 How to contact us. You can contact Paintedbird.shop by writing to: Paintedbird.shop@gmail.com

3.3 How We may contact You. If We have to contact You We may do so by email to the address You provided when You went through the checkout process on the Website or that is registered on Your Account from time to time.

4. How does Paintedbird.shop work?

4.1 Ordering via the Website. We operate the Website as an electronic marketing platform, on which Listings may be posted by our selected Retailers for their Products. These Products are made available by those Retailers to You, and Paintedbird.shop allows You to make Orders to pay for Products through the Website and either:

(a) click-and-collect the Product(s) from the relevant Retailer’s store; or

(b) have the Product(s) delivered to the address You specify.

4.2 Your Contract is with the Retailer. The Contract is between You and the relevant Retailer, not Paintedbird.shop. You are buying the Products from the Retailer, not T Paintedbird.shop. However, We are authorised to act as the agent of Our Retailers (who act as principal) to conclude and enter into the Contract with You.

4.3 Paintedbird.shop’s role. We are not a party to the Contract. We are simply the intermediary marketing and promotions platform which facilitates Your making Orders with Retailers and Your payment for that Order.

4.4 When is the Contract formed? The Contract is formed when the relevant Retailer confirms to Us that it has the relevant Products in stock and we send you an Order confirmation email to that effect. We will send You that Order confirmation email to the email address associated with Your Account or, if You check-out as a ‘guest’, to the email address You entered during the checkout process).

4.5 Incorporation of these Terms and Conditions. As noted above, in the context of any purchase of Products, Your Contract with the relevant Retailer incorporates, and is governed and conditioned by, these Terms and Conditions. This Contract is between You and the relevant Retailer, not Paintedbird.shop. To the extent they are incorporated into the Contract, You should read references to "We”, “Our” and “Us” in these Terms and Conditions as references to the relevant Retailer from whom you Ordered the Products.

4.6 Products may vary from their pictures. Paintedbird.shop aims to use the Listings to give You the information You need to know the essential characteristics of the Products. Although We try to make sure they are as faithful as possible to the real thing, any images shown in the Listings are for illustrative purposes only – given the digital method of presentation it is possible that Your perception may not exactly match the relevant Product itself.

4.7 Promo Codes. Paintedbird.shop may, at its discretion, give you a promo code that you can use to reduce the price of specified Products. Where you receive a promo code, it must be applied at checkout, and cannot be applied retrospectively. Any promo code will come with its own terms (e.g. minimum spend, applicable Retailers, applicable Products and time frame for use of the code), which will be made clear at the time it’s issued to you. If you’re given a unique promo code that is created specifically for your use, it cannot be shared or transferred to other customers, or posted in a public forum. Paintedbird.shop reserves the right to cancel and/or suspend any promo codes that Paintedbird.shop feels are being misused. Any promo codes applied against the applicable terms or these Terms and Conditions, will be removed from the Order.

4.8 Competitions. Paintedbird.shop may, at its discretion, run competitions from time to time. Competitions are only open to those aged 18 years or over, and exclude Paintedbird.shop and competition partner employees and their immediate family. You will be notified of other terms that relate to the competition including eligibility criteria, start and end time and date, the prize, competition rules, how the winner will be selected and notified, and how to claim the prize if you win. You will not be eligible to participate or win if you do not comply with those competition terms. Paintedbird.shop’s decision regarding the winner is final. Paintedbird.shop reserves the right to require participants to prove that they are eligible. If the winner is found to be ineligible, Paintedbird.shop reserves the right to award the prize to another participant and to require the return of any prize already awarded. Winners may not substitute prizes in whole or in part for cash or any other item. Paintedbird.shop reserves the right to terminate, amend or extend any competition (and substitute the prize to something of equal or greater value) in the event of exceptional circumstances outside its control which affect its ability to operate the competition. Paintedbird.shop will not be responsible for any damage, loss or injury resulting from entry into the competition or the prize, except where its liability may not, as a matter of law, be limited.

5. Payment

5.1 You authorise Us to charge Your payment card account. By submitting an Order and providing Us Your payment card details at checkout, You authorise Paintedbird.shop (acting by its payment processor) to charge the relevant account to take payment for Your Order on behalf of the relevant Retailer. Neither Paintedbird.shop nor the relevant Retailer will be responsible for any losses you may suffer if the payment method You use to pay for an Order does not have sufficient funds to cover all costs of that Order.

5.2 In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we may offer you the Klarna "Pay Later" option on certain Products.

Further information and Klarnas user terms you can find here. General information on Klarna you can find here. Your personal data is handled in accordance with applicable data protection law and in accordance with the information in Klarnas privacy statement. Klarna are an independent payment company and Paintedbird.shop is not responsible for their content and has no influence over whether your payment with Klarna is accepted or not.

 

6. Delivery and other charges

6.1 Prices in Listing exclude delivery charges. The prices shown on Listings for Products do not include delivery charges. Where You choose to have the Products delivered to You, the relevant delivery charges will be displayed to You during the checkout process.

6.2 Delivery estimates not binding. Where You choose to have them delivered, the Products You Order will be delivered by Retailers using a third party courier service. Please note that any estimated delivery dates displayed on the Website, or in any confirmation email or webpage, are simply estimates – they do not represent a guarantee that the Products will arrive by that delivery estimate. Furthermore, where parcels are held by customs clearance agencies, there may be significant delays to delivery. Unfortunately, these delays are beyond our control and we cannot accept responsibility for them. If You do not receive a delivery in time, You may cancel Your Order in accordance with the cancellation policy detailed below, as well as the practices described in Our Returns Policy.

6.3 Orders delivered outside the HONG KONG,SAR (except where clause 6.4 applies). If You Order Products for delivery to a location outside the UK or EU, those Products may be subject to import duties, taxes, and potentially other fees levied by the logistics company (including, but not limited to: holding fees, entrance fees, abandonment fees) which are levied when the delivery reaches the specified destination. You, or the recipient of the Products if different, (and not Paintedbird.shop, nor the relevant Retailer) will be responsible for payment of any such import duties and taxes. Please note that We have no control over these charges and cannot predict their amount. Please contact Your local customs office for further information before placing an Order covered by this clause 6.3. These charges are not included in your order and will need to be paid locally upon receipt. If you refuse to pay the charges due on the parcel, it may be abandoned by your country's customs authority and you will not be refunded. If there are any outstanding charges (including, but not limited to: holding fees, entrance fees, abandonment fees) these may be invoiced to you or deducted from any refunds due.

6.4 Orders of UK Products to the EU, or EU Products to the UK. From 1 January 2021, on any Order you make of a UK Product to be delivered in the EU, or of an EU Product to be delivered in the UK, charges due on the parcel, it may be abandoned by your country's customs authority and you will not be refunded. may add applicable customs and/or import duties and/or import taxes to such Order and any applicable VAT (in relation to Products under the value of £135) at checkout and you agree to pay such customs and/or import duties and taxes at checkout. Where Paintedbird.shop adds such customs and/or import duties and taxes to the checkout page, Paintedbird.shop shall be responsible for transmitting and reporting the applicable customs and/or import duties and taxes to the relevant authorities, not you, and you acknowledge and accept this. Where Paintedbird.shop does not include customs and/or import duties at checkout, then you accept and acknowledge that you will be responsible for the payment of any such customs and/or import duties and taxes that are not included at checkout.

7. Returns

7.1 Returns Policy. Our Returns Policy details how and when You can return any Products You have Ordered and is incorporated into these Terms and Conditions by reference. We have set out Our policy on returns in this separate page to ensure that all necessary information is presented on a standalone page, in a clear and accessible form – however, the contents of this page do not affect any rights You may have at law (the key ones of which are outlined in Section 9).

7.2 No commercial use. Orders which are used for commercial purposes and subsequently returned (e.g. for use as props for photography) are actively monitored. Paintedbird.shop reserves the right to refuse to serve any person suspected of undertaking this activity for future orders. If You require Products for commercial purposes, please get in touch at Paintedbird.shop@gmail.com for more information.

8. Accounts

8.1 Account creation. Although You can go through the order process as a guest, You may choose to register for an Account. If using our App you must create an account. In which case You will have to provide certain information about Yourself as prompted during the account registration process on the Website.

8.2 Accurate and up-to-date information. If You do create an Account, all the registration information You submit should be truthful and accurate. If for any reason any information You submit is or becomes untruthful, inaccurate and/or incomplete, You should update that information to maintain its accuracy.

8.3 What to do if You want to delete Your Account. You can delete Your Account at any time, for any reason, by following the Account deletion instructions within the Privacy Policy on the Website.

8.4 You are responsible for Your Account. You are responsible for maintaining the confidentiality of Your Account log-in information (including, for example, Your password). Accordingly, You are responsible for all activities that occur under Your Account.

8.5 Unauthorised use of Your Account. You should notify Us immediately if You suspect or become aware of any unauthorised use of Your Account or any other breach of its security.

9. Summary of Your key legal rights

9.1 Cancelling because You’ve changed Your mind. As You are purchasing the Products online You have a legal right to change Your mind within fourteen (14) days from delivery of the Products and receive a refund (including costs of delivery, but excluding the costs of return), however, please note that these cancellation rights do not apply to:

(a) to any Products that are sealed (this includes any items such as underwear, which come with a hygiene strip) and that are not suitable for return due to health protection or hygiene reasons if they become unsealed, which become unsealed after delivery;

(b) to any Products that are sealed audio recordings, video recordings or computer software, which become unsealed after delivery;

(c) if the Products have become inseparably mixed with other items after delivery.

9.2 Returning faulty Products. The Products sold to You must be as described, fit for purpose and of satisfactory quality. This means that (having regard to the expected lifespan of the Product You Ordered) You are entitled to the following:

(a) Up to thirty days: if the Products You received are faulty, then You can get a full refund (this refund will include costs of delivery and return).

(b) Up to six months: if the Products You received can’t be repaired or replaced, then You're entitled to a refund in most cases.

9.3 How to exercise these rights. To exercise the rights described in this Section 9, You should follow the procedures outlined in Our Returns Policy. We will discharge the relevant Retailer’s obligations to You in this regard acting as their agent.

9.4 Refund method. In the first instance, We will try to refund any sums You are due under this Section 9 to the same payment method used to for the relevant Order.

9.5 Occasionally We may, at our sole discretion, amend Our Returns Policy from time to time to give you a longer period in which you may return Products where You change Your mind (over and above the 14 day window set out in clause 9.1). Where we amend Our Returns Policy in such a way, provided You return the Product in question, We will refund to You the purchase price paid by You for that Product, but not the delivery costs (including import duties and taxes) of Your purchase. You must also pay for the cost of returning the Product in question.

10. Our right to vary these Terms and Conditions

10.1 Changes to these Terms and Conditions. From to time to time, We may make changes to these Terms and Conditions. If We do so, We will:

(a) post those changes in an updated version of these Terms and Conditions on the Website; and

10.2 Which Terms and Conditions apply? The Terms and Conditions (as incorporated into the Contract) that will apply to Your purchase of any Products will be those that are in force at the time You place Your Order, unless We have notified You of a change to the Terms and Conditions that apply and will materially affect Your Order before We send You the delivery confirmation and You have confirmed that You wish to proceed with Your Order.

11. Privacy and security policy

Our policies and procedures relating to Our use of Your ‘personal data’ are outlined in Our Privacy Policy. Please note that certain aspects of the Paintedbird.shop offering (including facilitating Orders and making this Website available) require the use and disclosure of Your ‘personal data’, without which We couldn’t provide You with those parts of the Paintedbird.shop offering.

12. Your conduct

12.1 No harmful material. By downloading and/or using the Website, You agree not to upload, post, e-mail or otherwise send or transmit any material that contains viruses, Trojan horses, worms or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Website.

12.2 Keep Your details confidential. You agree and undertake to keep Your username and password for Your Account confidential, not to disclose Your password to any other person and not to permit any other person to log in to the Website using Your username and password.

12.3 No interference. You agree not to interfere with the servers or networks connected to the Website or to violate any of the procedures, policies or regulations of networks connected to the Website, including these Terms and Conditions.

12.4 Other restrictions. You also agree not to:

(a) attempt to reverse engineer or sell, export, license, modify, copy, distribute or transmit the Website to any third party, or jeopardise the correct functioning of the Website, or otherwise attempt to derive the source code of the software (including the tools, methods, processes and infrastructure) that enables or underlies the Website;

(b) attempt to gain access to secured portions of the Website to which You do not possess access rights;

(c) impersonate any other person while using the Website;

(d) conduct Yourself in a vulgar, offensive, harassing or objectionable manner while using the Website;

(e) resell or export the software associated with the Website;

(f) use the Website to generate unsolicited advertisements or spam;

(g) use any automatic or manual process to search or harvest information from the Website, or to interfere in any way with the proper functioning of the Website;

(h) use any automatic or manual process to conceal your billing country; or

(i) attempt to buy any age restricted Products if you do not meet the minimum age under applicable law for the purchase of such Product.

13. Restrictions

In providing You with access to the Website, publishing Listings and permitting You to make Orders for Products via the Website, Paintedbird.shop reserves the following rights, and in accessing, browsing or otherwise using the Website and/or making any Order via the Website You grant to Paintedbird.shop and agree that Paintedbird.shop shall have the following rights:

(a) the right to refuse or withdraw Your access to the Website in accordance with applicable laws (with or without notice) if We judge that You to have violated or breached any of these Terms and Conditions;

(b) the right to remove or amend any Listing without giving You notice or any reason;

(c) the right to (acting on the relevant Retailer’s behalf) cancel any Order or amend in part any Order without giving You notice or any reason, save that in such circumstances Paintedbird.shop shall refund such part of the Order as has been cancelled by it;

(d) the right to amend or update the Website, prices of any Products, and available payment methods from time to time;

(e) the right to report You to the police or other judicial body if Paintedbird.shop believes in its sole and absolute discretion that Your conduct (whether in using the Website, making an Order for any Products or otherwise) is or may be unlawful.

14. Intellectual Property

14.1 Licence. Subject to these Terms and Conditions (in particular, the restrictions outlined in the following section), Paintedbird.shop grants You a licence to use and access the Website on the basis that this licence is:

(a) not a commercial licence – You can only access and use the Website for Your own personal, non-commercial uses (i.e., not for Your business);

(b) non-transferable – You can’t pass this right to someone else;

(c) non-exclusive – other people can access and use the Website;

(d) revocable – We have the right to remove Your ability to use the Website in accordance with these Terms and Conditions; and

(e) limited – the licence does not extend beyond what has just been described above.

14.2 Ownership. Paintedbird.shop and/or its licensor(s) are the sole owners of the Website, which includes any software, domains, and content made available through the Website.

14.3 Termination of licence. Any unauthorised use of the Website will result in the automatic termination of the limited licence granted by Us under Section 14.1. Paintedbird.shop reserves the right to terminate the limited license without notice at any time following an unauthorised use by You of the Website.

14.4 All rights reserved. All trade marks, logos, trade dress, service names and service marks (“Marks”) displayed on the Website are Paintedbird.shop’s property or the property of certain other third parties. You are not permitted to use these Marks without Paintedbird.shop’s prior written consent or the consent of such third party as may own the relevant Marks.

15. Our liability

15.1 We are responsible to You only for foreseeable loss and damage caused by us. If We fail to comply with these Terms and Conditions, We are only responsible for loss or damage You suffer that is a foreseeable result of Our breaching these Terms and Conditions or failing to act with reasonable care and skill. We are not responsible for any loss or damage that is not a foreseeable result of Our breaching these Terms and Conditions or failing to act with reasonable care and skill. We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is either obvious that it will happen or if, at the time these Terms and Conditions are entered into, both We and You knew it might happen.

15.2 What We do not exclude. Nothing in these Terms and Conditions shall limit or exclude Our liability for:

(a) death or personal injury resulting from Our negligence;

(b) fraud or fraudulent misrepresentation;

(c) Your key legal rights described in Sections 9.1 and 9.2;

(d) any other liability that cannot be excluded or limited by English law.

15.3 We are not liable for business losses. This Website and the Products are only for domestic and private use. If You use the Products for any commercial, business or re sale purpose We will have no liability to You for any loss of profit, loss of business, business interruption, or loss of business opportunity.

15.4 We are not liable for events outside Our control. We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations that is caused by events outside Our reasonable control (“Force Majeure Event”). A Force Majeure Event includes any act, event, non-happening, omission accident or Act of God beyond Our reasonable control. Our performance of Our obligations under these Terms and Conditions is deemed to be suspended for the period that the Force Majeure Event continues, and We will have an extension of time for performance for the duration of that period. We will use Our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which Our obligations under the Terms and Conditions may be performed despite the Force Majeure Event.

15.5 We are not liable for Product unavailability. In case of unavailability of Products before or after Order, We will not be liable for any loss You suffer nor liable to You for any damages as a result of the unavailability of such Product(s), to the fullest extent permitted by law.

15.6 Website provided “as is”. Paintedbird.shop provides the Website “as is”. To the fullest extent that We are permitted to do so, We disclaim any implied terms as to title, merchantability, fitness for a particular purpose and non-infringement to the extent permissible under applicable law.

16. General

16.1 Disputes. These Terms and Conditions are governed by English law and We both agree to submit to the exclusive jurisdiction of the English courts, save that nothing in these Terms and Conditions excludes mandatory legal rights you may have or obligations Paintedbird.shop may have in your country of residence, where Paintedbird.shop is not allowed to exclude such as a matter of law.

16.2 Nobody else has any rights under these Terms and Conditions. Although the Contract is between You and the relevant Retailer (as described in Section 4.2), all other aspects of the agreement formed under these Terms and Conditions are between You and Paintedbird.shop and no other person shall have any rights to enforce any of its Terms and Conditions.

16.3 Headings and Interpretation. The section titles in these Terms and Conditions are for convenience only and have no legal or contractual effect. The word "including” means “including without limitation”.

16.4 Even if We delay enforcing Our rights under these Terms and Conditions, We can still enforce them later. If We do not insist immediately that You do anything You are required to do under these Terms and Conditions, or if We delay in taking steps against You in respect of Your breaking these Terms and Conditions, that will not mean that You do not have to do those things and it will not prevent Us taking steps against You at a later date.

16.5 If a court finds part of these Terms and Conditions illegal, the rest will continue in force. Each of the sections of these Terms and Conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining sections will remain in full force and effect.

16.6 Paintedbird.shop may transfer its rights under these Terms and Conditions to someone else. Paintedbird.shop may transfer its rights and obligations under these Terms and Conditions to another organisation – for example, this could include another member of Paintedbird.shop’s group of companies or someone who buys its business. Paintedbird.shop will take reasonable steps to ensure that any such transfer does not affect Your rights under these Terms and Conditions.

16.7 Personal agreement. The agreement formed under Terms and Conditions, and each Contract, is personal to You and You cannot transfer any of Your rights under them to any other person without Our prior express written consent.

16.8 Email counts as “in writing". When We use the words “writing” or “written” in these Terms, this includes emails. For contractual purposes, You: (a) consent to receiving communications from Us by email; and (b) agree that all communications that We provide to You by email satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing.

16.9 Please note that all alcohol, knives and bladed products are not for sale to people under the age of 18. By placing an order for one of these products from a Store, you declare to the Store that you are 18 years of age or older. This item must be used responsibly and appropriately. A signature will be required on delivery and delivery partners may refuse to deliver where appropriate identification or age verification cannot be carried out.

17. Retailers

Without prejudice to Section 4.2 in the context of the Contract, for the terms that govern your relationship with Paintedbird.shop, please refer to the agreement you entered into with Paintedbird.shop and not these Terms and Conditions.

18. Paintedbird.shop 's Discovery Boxes

Purchases of discovery boxes are governed by the Paintedbird.shop terms and conditions. By purchasing a discovery box you acknowledge that the contents of the box will not be known by you prior to receipt of such. Your statutory rights are unaffected, save that in the event of any right you may have to return the box, you accept and acknowledge that only full returns/refunds are possible, since the items in each box have been selected especially to accompany each other.

19. Paintedbird.shop’s Gift Cards

To redeem your gift card you must enter the gift card code at checkout. Gift cards are non-exchangeable and cannot be exchanged for cash. Paintedbird.shop is not responsible for replacement of lost gift cards. Gift Cards expire in accordance with the terms stated prior to and upon delivery of the gift card. Once expired, any remaining balance will be forfeited and the gift card will be void.

If the value of your purchase (excluding any additional charges such as delivery) is less than the value of the account credit, your purchase amount will be debited from your gift card and the remaining amount will be sent to you as a new Gift Card code within 24 hours of the order being confirmed as successful. If the value of your purchase (excluding any additional charges such as delivery) exceeds the value of the account credit, Paintedbird.shop will calculate the remaining balance at checkout to be paid by debit or credit card. The delivery fee cannot be paid for using gift card credit and must be paid for by debit or credit card.

For any purchase where the account credit was used as full or part payment, any refunds due to you in accordance with these Terms will be credited to you via the issuance of a new gift card code. There will be no monetary exchange for returned or cancelled orders made with account credit.