Terms and Conditions
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (Vouchers) listed on our website to you. Please read these terms and conditions carefully before ordering any Vouchers from our website. You should understand that by ordering any of our Vouchers, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
Please click on the button marked "I Accept" at the end of these terms and conditions if you accept them. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our website.
1. Information about us
We operate the website www.littlebird.co.uk. We are LITTLEBIRD ONLINE LIMITED, a company registered in England and Wales under company number 07512606 and with our registered office at Big Studios, 1 East Poultry Avenue, London, EC1A 9PT ("Littlebird"). Our main trading address is Big Studios, 1 East Poultry Avenue, London, EC1A 9PT. Our VAT number is109356514. In this document certain words, identified by having an initial capital letter, shall have the following meanings:
Acceptable Use Policy: means the terms under which a Visitor may make use of the Website, whether as a guest or as a registered user
Account: means the unique access area on the Website for a Registered User
Business Day: any day (other than a Saturday or Sunday) when banks are generally open for normal business in London.
Consumer: shall be defined as under section 12 of the Unfair Contract Terms Act 1977, a link to which is provided herewith http://www.legislation.gov.uk/ukpga/1977/50.
Customer: any person or persons that purchase a Voucher from Littlebird.
Force Majeure Event: has the meaning given in clause 17.
Merchant: a third party seller of goods or services which are provided on the redemption of a Voucher
Purchase: means the purchase by a Registered User of a Voucher as set out in clause 4 below
Registration: means the act by a Visitor of creating a unique user account on the Website
Registered User: means a Visitor who has completed Registration
Visitor: means a person who accesses the Website
Voucher: means a promotional item which is being offered for purchase at below face value, and upon Purchase by a Registered User, allows that Customer to redeem it at a Merchant for Voucher Items
Voucher Items: the Goods or Services which are offered by a Merchant and described as part of a Voucher. The terms and conditions of redemption for Voucher Items are those of the Merchant offering the Voucher Items for redemption.
Website: means the website located at url: www.littlebird.co.uk
2. Service availability
Our Website is only intended for use by people resident in the countries listed on this page [INSERT LINK TO PAGE LISTING THE SERVICED COUNTRIES] (Serviced Countries). We do not accept orders from individuals outside those countries. Some restrictions are placed on the extent to which we accept orders from specific countries. These restrictions can be found on our Serviced Countries page. Please review our Serviced Countries page before ordering Vouchers from us.
3. Your status
- By making a Purchase, you warrant that:
- you are legally capable of entering into binding contracts; and
- you are at least 18 years old;
- you are resident in one of the Serviced Countries; and
- you are accessing our Website from that country
- In order to purchase Vouchers from our Website, you must Register with our Website.
- Registration requires you to provide to us the following information:
- Your name
- Your address
- Your postcode
- Your email address
- Your contact telephone number
- Your payment details
- Such other personal information as may be required from time to time
- During Registration, you will be asked to provide a password to enable you to log in to your account on the Website. Each password must kept confidential by its Registered User. If you fail to keep this password confidential, you are entirely responsible for any consequences stemming from such failure.
- You must notify us immediately if you become aware that the confidentiality of your password has been compromised.
- We reserve the right to terminate an Account of a Registered User if it is established that they hold more than one Account.
- We reserve the right to terminate an Account of a Registered User if it is established that they have provided false or incorrect information at the time of Registration under clause 4.2
- We reserve the right to terminate an Account of a Registered User if it is established that they have breached this Contract.
5. How the contract is formed
- The Contract is initiated by you, being a Registered User, making a Purchase of a Voucher on our Website. The Purchase is made by you placing an order for a Voucher and making payment. By placing an order for a Voucher and making payment you are making an offer to Purchase the Voucher.
- After placing an order and making payment, you will receive an e-mail from us acknowledging that we have accepted your order (Order Confirmation). The contract (Contract) will only be formed when we send you the Order Confirmation.
- The Contract will relate only to those Vouchers whose Purchase we have confirmed in the Order Confirmation. We will not be obliged to supply any other Vouchers which may have been part of your order until the Purchase of such Vouchers has been confirmed in a separate Order Confirmation.
- Each Registered User may only purchase one Voucher in any Purchase. If it is established that a Registered User is purchasing more than one Voucher in any Purchase, we reserve the right to terminate that Registered User’s account without further notice.
6. Our status
- We are acting as agents on behalf of third party sellers that redeem Vouchers for Voucher Items. The resulting legal relationship for the redemption of Voucher Items is between you and that third party seller, and is subject to the terms and conditions of that third party seller, of which they will advise you. You should carefully review their terms and conditions applying to the transaction.
- The Merchant is the party responsible for the sale of the Voucher Items and the party responsible for the redemption of the Voucher for these Voucher Items.
7. Consumer rights
- If you are contracting as a Consumer, you may cancel a Contract at any time within seven Business Days, beginning on the day after you received the Voucher. In this case, you will receive a full refund of the price paid for the Voucher in accordance with our refunds policy (set out in clause 11 below).
- If you wish to cancel under clause 7.1, you may use any of the methods as set out in clause 16 below.
- Details of your statutory right of cancellation, and an explanation of how to exercise it, are provided in the Order Confirmation. This provision does not affect your other statutory rights as a Consumer.
- Nothing in this Agreement shall prejudice the Customer’s rights as a Consumer.
8. The Voucher
- The Merchant will determine your rights in respect of the redemption of the Vouchers.
- The Voucher will expire on the date listed on the face of the Voucher. Any promotional discount provided under the Voucher will also expire on the date listed on the face of the Voucher.
- We shall not be responsible for a Voucher which has been lost or stolen.
- We shall not be responsible in circumstances where a Voucher contains a unique redemption number (Identifier), and that Identifier is lost or stolen.
- You may not resell or exchange the Voucher with any third party.
9. Risk and title
- The Vouchers will be at your risk from the time of delivery.
- Ownership of the Vouchers will only pass to you when we receive full payment of all sums due in respect of the Vouchers.
- We reserve the right to terminate the Contract if you have breached the terms and conditions of this Contract.
10. Price and payment
- The price of the Vouchers will be as quoted on the Website from time to time, except in cases of obvious error.
- Voucher prices do not currently include VAT as under current legislation, VAT is not chargeable on these items.
- Voucher prices are liable to change at any time, but changes will not affect Purchases in respect of which we have already sent you an Order Confirmation.
- Our Website contains a large number of Vouchers and it is always possible that, despite our best efforts, some of the Vouchers listed on our Website may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Voucher’s correct price is less than our stated price, we will charge the lower amount when dispatching the Voucher to you. If a Voucher’s correct price is higher than the price stated on our Website, we will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
- We are under no obligation to provide the Voucher to you at the incorrect (lower) price, even after we have sent you a Order Confirmation, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as an error.
- Payment for all Products must be by credit or debit card. We accept payment with [LIST OF CREDIT AND DEBIT CARDS]. We will not charge your credit or debit card until we confirm your order by sending an Order Confirmation.
11. Our refunds policy
- If you return a Voucher to us:
- because you have cancelled the Contract between us within the seven-day cooling-off period (see clause 7.1 above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you gave notice of cancellation. In this case, we will refund the price of the Voucher in full. However, you will be responsible for the cost of returning the item to us.
- for any other reason (for instance, because have notified us in accordance with clause 21 that you do not agree to a change in these terms and conditions or in any of our policies, or because you consider that the Product is defective), we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund. We will refund the price of a defective Product in full, any applicable delivery charges and any reasonable costs you incur in returning the item to us.
- We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
12. Our liability
- Subject to clause 12.3, if we fail to comply with these terms and conditions, we shall only be liable to you for the purchase price of the Products.
- Subject to clause 12.3, we will not be liable for losses that result from our failure to comply with these terms and conditions that fall into the following categories even if such losses result from our deliberate breach:
- loss of income or revenue;
- loss of business;
- loss of profits;
- loss of anticipated savings;
- loss of data; or
- waste of management or office time.
- Nothing in this agreement excludes or limits our liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation;
- any breach of the obligations implied by section 12 of the Sale of Goods Act 1979;
- defective products under the Consumer Protection Act 1987; [or]
- any other matter for which it would be illegal for us to exclude or attempt to exclude our liability.
- Where you buy any Vouchers through our Website, the Merchant’s individual liability will be set out in the Merchant’s terms and conditions.
13. Import duty
- If you order Vouchers from our Website for delivery outside the UK, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You 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 your order.
- Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
14. Written communications
- Applicable laws require that some of the information or communications we send to you should be in writing. When using our Website, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
- All notices given by you to us must be given to LITTLEBIRD ONLINE LIMITED at http://www.littlebird.co.uk. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 13 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
16. Transfer of rights and obligations
- The contract between you and us is binding on you and us and on our respective successors and assignees.
- You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
- We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
17. 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 under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
- A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
- strikes, lock-outs or other industrial action;
- civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
- fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
- impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
- impossibility of the use of public or private telecommunications networks; and
- the acts, decrees, legislation, regulations or restrictions of any government.
- Our performance under any Contract 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 Contract may be performed despite the Force Majeure Event.
- If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
- A waiver by us of any default will not constitute a waiver of any subsequent default.
- No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 15 above.
- If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
- If any invalid, unenforceable or illegal provision of this Contract would be valid, enforceable and legal if some part of it were deleted, the parties shall negotiate in good faith to amend such provision such that, as amended, it is legal, valid and enforceable, and, to the greatest extent possible, achieves the parties' original commercial intention.
20. Entire agreement
- These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any Contract.
- We each acknowledge that, in entering into a Contract, neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them.
- Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract.
- We intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of any Contract. While we accept responsibility for statements and representations made by our duly authorised agents, please make sure you ask for any variations from these terms and conditions to be confirmed in writing.
21. Our right to vary these terms and conditions
- We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
- You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Order Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
22. Law and jurisdiction
- Contracts for the purchase of Vouchers through our Website and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of England and Wales.
23. Data Protection
- From time to time, we may place third-party advertisements on the Website. These advertisements will expressly indicate that any products or services which are featured therein are not being provided by Littlebird but by a third party. The placement of these advertisements may vary across the Website and Visitors are not required to click-through any of these advertisements.
- We may also provide links on our Website to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking that products you purchase from third party sellers through our Website, or from companies to whose website we have provided a link on our Website, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller. We will notify you when a third party is involved in a transaction, and we may disclose your customer information related to that transaction to the third party seller.
- Similarly, any advertisements which contain links to other websites and other resources, will not be subject to our control. Littlebird does not accept responsibility for such other websites, nor for the content, goods or services provided by these other websites. No responsibility for loss or damage is accepted by Littlebird in this regard.
- In the event of a discrepancy between these standard terms and conditions and the details in the promotional material (or any other terms and conditions provided/referred to at the time of entry), the details of the promotional material (and any other terms and conditions provided/referred to at the time of entry) shall prevail.
- The Promoter is Littlebird Online Limited, 1 East Poultry Avenue, London EC1A 9PT.
- All Competitions run between the dates and times advertised on the entry form.
- No purchase or payment is necessary to enter the Competition.
- Competitions may be modified or withdrawn at any time.
- All entrants must be aged 18 or over and proof of identity and age may be required at any time.
- All entrants must be UK residents (with a residential delivery address within the UK).
- Employees of (The Promoter; its associated companies and affiliated agencies; the suppliers of the prizes; and any other companies associated with the competitions), the immediate families of the Employees and those directly related to the Employees are not eligible to enter a competition.
- The use of a false name or false address will result in disqualification from the competition.
- All entries must be made by the person entering the competition.
- Any competition entries made using methods generated by a script, a macro or any automated devices will be void.
- For any competition held on Facebook, all entrants must be a ‘Fan’ or have ‘Liked’ the Promoter as a pre-requisite for entry. Entrants may also be required to ‘Like’ a third-party supplier of the competition prize(s) or ‘Share’ the competition. ‘Liking’ a Facebook fan page does not automatically enter a competition.
- None of the competitions or promotions are sponsored, endorsed or administered by, or associated with, Facebook.
- The Promoter reserves the right to amend or alter the terms of competitions and reject entries from entrants not entering into the spirit of the competition.
- The entrants are providing information to the Promoter and not to Facebook.
- Unless stated otherwise, the winners will be selected at random.
- Where applicable, the decision of the judges is final based on the criteria set out in the promotion and no correspondence will be entered into over this decision.
- The winner will be notified by a message to the email address provided by the entrant.
- In order to receive their prize, the winners are required to provide The Promoter with their full name and UK address. Should a winner not acknowledge receipt of their win, and provide their full name and UK address, within 14 days of receiving notice from The Promoter that they have won a prize, we reserve the right to redraw or not fulfill the prize.
- In the case of competition prizes which include tickets to events, the winners are required to provide The Promoter their full name and UK address within 48 hours. Should a winner not acknowledge receipt of their win and provide their details within 48 hours of receiving notice from The Promoter that they have won a prize, we reserve the right to redraw or not fulfill the prize.
- The prizes will be dispatched out within 30 days of the winners notifying The Promoter of their full name and UK address.
- The winner is responsible for any expenses and arrangements not included in the prizes, including any necessary travel documents, passports and visas.
- The winner’s name may be announced on littlebird.co.uk, Facebook, Twitter or other associated websites and may include the winner’s image.
- The Promoter reserves the right to change the prize for one of an equivalent value.
- The prizes are as stated, are not transferable to another individual and no cash or other alternatives will be offered.
- Prizes are subject to availability and the prize suppliers' terms and conditions. In the event of a prize being unavailable, the promoter reserves the right to offer an alternative prize of equal or greater value.
- No responsibility is accepted for entries which are for any reason whatsoever not received or delivered, including, but not limited to, entries lost, delayed or corrupted, or due to computer errors.
- The Promoter excludes all liability under these terms, in contract or tort (including negligence) for any loss, damage, costs and/or expenses, loss of profits, goodwill, consequential, indirect or special losses, howsoever caused in connection with a Competition.
- By entering the competition all entrants agree to be added to our mailing list, they will receive our weekly newsletter which they can unsubscribe from at any time.