CUSTOMER TERMS AND CONDITIONS
What these Terms cover. These Terms and conditions (
Terms) cover promotional Deals listed on the website, www.LittleBird.co.uk (
Website). These Terms further apply to the Contract which comes in to force once we accept your Order.
What these Terms do not cover. These Terms do not cover all terms and conditions relating to the manufacture, supply or delivery of Products. LittleBird does not in any way represent itself to be the manufacturer, supplier or delivery agent of Products.
Why you should read these Terms. Please read these Terms carefully before you place any Order for a Product with us. These Terms tell you how Products will be provided to you, how you and we may change or end the Contract, what to do if there is a problem and other important information. You should understand that by placing an Order, you agree to be bound by these Terms. These Terms, as well as any and all Contracts are in the English language only.
How these terms are organised. These Terms are formed of four sections, as applicable:
Section A – General Terms applicable to all Deals;
Section B – Terms applicable to Deals for Experiences;
Section C – Terms applicable to Deals for Goods; and
Are there other important terms? Deals may contain
Need to Know Terms which shall be set out on the Deal Listing. By placing an Order with us, you agree to abide by the Need to Know Terms. In an event of a conflict between these Terms and the Need to Know Terms, the Need to Know Terms will prevail.
Who ‘we’ are. We are LittleBird Digital Limited, a company registered in England and Wales under company number 07512606 and with our registered office at 22 Charterhouse Square, London, EC1M 6DX. We operate the website www.littlebird.co.uk.
Who ‘you’ are. You are the individual Customer making the Purchase and ‘your’ shall be interpreted accordingly.
Definitions and Interpretation
In these Terms, unless the context otherwise requires, the following expressions have the following meanings:
Acceptable Use Policymeans the Acceptable Use Policy found on our Website;
Account means the account you create on our Website during Registration;
Annual Plan means a subscription to the Family Pass paid on an annual basis;
Booking means the process following a Purchase of an Experience where you are required to book the time and date that you will access the Experience, which may involve the exchange of your E-Ticket for a Merchant Ticket;
Booking Fee means any additional fee payable for Booking an Experience;
Contract means the legal contract between you and us as explained in Clause 6 of Section A;
Deal means a promotional deal which Products are offered for Purchase through our Website;
Deal Listing means the appearance of a Deal on our Website;
Deal Price means the price of a Deal;
Direct Entry Ticket means, in respect of an E-Ticket, that the E-Ticket may be used to access an Experience directly and without the need for Redemption;
Digital Subscriptions means any digital subscriptions offered for Purchase under a Deal;
E-Receiptmeans either of:
E-Ticket means an E-Receipt which may be used as a Direct Entry Ticket or a Redeemable Ticket;
Experience means the event, performance, attraction, show, break, pageant or other experience-related service offered for Purchase under a Deal on our Website;
Event Supplier means the party or parties involved in the hosting and organisation of the Experience and includes that party’s affiliates, employees, representatives, contractors and assignees;
Good means any tangible Product available for Purchase under a Deal on our Website;
Merchant means the party who supplies and (where applicable) delivers a Product to you (and includes that party’s affiliates, employees, representatives, contractors and assignees);
Merchant Ticket means a ticket for accessing an Experience issued by the Merchant at the time of Booking;
Need to Know Terms means any additional terms applicable to Deals and Products as detailed under a Deal Listing;
Order means your order for a Product made through our Website or the Merchant Website;
Order Confirmation means our written acceptance and confirmation of your Order;
Order ID means the reference number for your Order detailed on an E-Receipt;
Product means any Good, Experience or Digital Subscription;
Purchase means any purchase of a Deal made by you through our Website or the Merchant’s Website;
Redeem means the process by which you redeem an E-Receipt (including an E-Ticket) for a Product as set out in the Deal Listing or on the Merchant Website;
Redeemable Ticket means an E-Ticket that requires Redemption with the Merchant before you can access an Experience;
Refund means a refund to you of the Deal Price (or otherwise) as authorised by us in accordance with these Terms;
Registration means the online registration process whereby you create an Account;
Renewal Payment means an automatic payment taken for the renewal of an Annual Plan;
Returns Policy means our Returns Policy for Goods set out in Section C;
Terms means these Terms, and include any Need to Know Terms or further terms on our Website or the Merchant Website (as applicable);
Trial Plan means a limited and non-renewable trial membership to the Family Pass;
Use by Date means the date beyond which an E-Receipt may no longer be Redeemed, as detailed on a Deal Listing;
Voucher Codes means the codes Customers are given access to receive discounts offered by the Merchant;
Website means our website found at LittleBird.co.uk;
You/Your/Customer means the individual who holds an Account;
1. Access to and Use of our Website
1.1 Access to our Website is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue our Website (or any part of it) at any time and without notice. We will not be liable to you in any way if our Website (or any part of it) is unavailable at any time and for any period.
2. Creating a LittleBird Account
2.1 Account Registration. You may create an Account on our Website at any time through the Registration process. We will not be liable for any Purchase made by an individual under 18 years of age.
- your name;
- your email address; and
- such other personal information as may be required.
2.4 Accuracy of information during Registration. During Registration, the information you provide must be accurate and complete. If any of your information changes, it is your responsibility to update your Account.
2.5 Passwords and confidentiality. We require that you choose a strong password for your Account, consisting of lowercase and uppercase letters, numbers and symbols. If you fail to keep this password confidential, you are entirely responsible for any consequences resulting from such failure. You must notify us immediately if you suspect or become aware that the confidentiality of your Account has been compromised.
- View your Purchase history;
- Change your contact details; and
- Set mailing preferences.
2.8 Closing your Account. If you wish to close your Account, you may do so at any time by contacting us.
3. No Business Customers
3.1 These Terms do not apply to any Purchases made for business or commercial purposes and your Account may only be used for non-business purposes.
4. International Customers
4.1 Please note that we do not usually offer Deals for Purchase to Customers outside of the United Kingdom. However, please contact us if you have a special delivery request and we will let you know if it is possible.
5. Products, Pricing and Availability
5.1 Availability of Products. We cannot guarantee that Products will always be available at the time you place your Order.
5.2 Changes to Products. Minor changes may, from time to time, be made to certain Products between your Order being placed and us processing that Order. These changes may be made due to regulatory requirements, or to address technical or security issues. Any such changes will not have a material effect on the characteristics or use of the Products.
5.3 Deal Prices. We make all reasonable efforts to ensure that all Deal Prices are correct at the time of going online. We reserve the right to change Deal Prices and to add, alter, or remove special offers from time to time.
5.4 Where Deal Price is incorrect. In the unlikely event that we have shown incorrect pricing information, we will contact you in writing to inform you of the mistake. If the correct Deal Price is lower than that shown when you made your Order, we will charge you the lower amount and continue processing your Order. If the correct price is higher, we will give you the option to purchase the Products at the correct Deal Price or to cancel your Order (or the affected part of it) and process a Refund. We will not proceed with processing your Order in this case until you respond. If we do not receive a response from you within 5 business days, we will treat your Order as cancelled and notify you of this in writing.
5.5 VAT and additional fees. All prices on our Website include VAT. The Deal Price may not be inclusive of all applicable delivery charges, Booking Fees or any other applicable charges. You may be notified of further applicable charges on the Merchant Website or elsewhere during the Order process.
6. Orders – How Contracts Are Formed
6.1 Order process. Our Website will guide you through the ordering process. You will be given the opportunity to review and amend your Order before submitting it. Please ensure that you have checked your Order carefully before submitting it.
6.2 No part of our Website constitutes a contractual offer capable of acceptance. Your Order constitutes a contractual offer that we may, at our sole discretion, accept or decline.
6.3 When your Order is accepted. Our acceptance of your Order will be confirmed by us sending you an Order Confirmation by email. Once we send you an Order Confirmation will there be a legally binding Contract between us and you.
6.4 Incorrect or incomplete information. If, during the Order process, you provide us with incorrect or incomplete information, please contact us as soon as possible. If we are unable to process your Order due to incorrect or incomplete information, we will contact you to ask to correct it. If you do not provide us with accurate or complete information within a reasonable time of our request, we will cancel your Order and treat the Contract as being at an end. If we incur any costs as a result of your incorrect or incomplete information, we may pass those costs on to you.
6.5 If we cannot fulfil your Order. In the unlikely event that we do not accept or cannot fulfil your Order for any reason, we will explain why in writing. If we have taken payment, any such sums will be refunded to you as soon as possible and in any event within 5 Business Days from the time that we notify you that we cannot fulfil your Order. Any Refunds due will be made using the same payment method that you used when placing your Order.
7.1 Payment to be made in advance. Payment for a Product and any applicable delivery charges must be made in advance and you will be prompted to pay during the Order process.
7.2 Payment on the Merchant Website. If you are redirected from our Website to Purchase a Product on the Merchant Website you will, in addition to these Terms, be subject to the relevant payment terms on the Merchant Website. If there is any conflict between our payment Terms and the payment terms on the Merchant website, then the latter will prevail.
8.1 What is Redemption. Redemption is the process by which you are required to Redeem an E-Receipt for a Product as set out in the Need to Know Terms on a Deal Listing.
- It occurs on or prior to the Use by Date;
- It is in accordance with these Terms (including any Need to Know Terms and any applicable terms on the Merchant Website).
- Deliver the Good to you; or
- Provide access to the Digital Subscriptions; or
- Allow you Direct Entry, where applicable, require you to make a Booking before allowing entry to the Experience.
- Redemption of the E-Receipt toward any other good or service offered by the Merchant equivalent to the Deal Price (if available); or
- A Refund.
9. Our Liability
9.1 Limitations of liability. Nothing in these Terms seeks to limit or exclude our Liability for death or personal injury caused by our negligence (including that of our employees, agents or sub-contractors) or for fraud or fraudulent misrepresentation. You are obliged to take adequate measures to avert and reduce damages.
9.2 No limitations to consumer rights. Nothing in these Terms seeks to exclude or limit your legal rights as a consumer. For more details of your legal rights, please refer to your local Citizens Advice Bureau or Trading Standards Office.
- loss of income or revenue
- loss of actual or anticipated profits;
- loss of business; or
- indirect or consequential loss (and for the avoidance of doubt, we understand the words “consequential loss” to mean “consequential losses whether those losses are foreseeable, known, foreseen or otherwise”).
10. Events Outside of Our Control (Force Majeure)
10.1 Events where we are not liable. We will not be liable for any failure or delay in performing our obligations where that failure or delay results from any cause that is beyond our reasonable control. Such causes include, but are not limited to: power failure, internet service provider failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war), epidemic or other natural disaster, or any other event that is beyond our reasonable control.
- We will inform you as soon as is reasonably possible;
- We will take all reasonable steps to minimise the delay;
- To the extent that we cannot minimise the delay, our affected obligations under these Terms (and therefore the Contract) will be suspended and any time limits that we are bound by will be extended accordingly;
- We will inform you when the event outside of our control is over and provide details of any new dates, times or availability of Products as necessary;
- If the event outside of our control continues for more than 14 calendar days we will give you the option of cancelling the Contract and inform you of the cancellation. Any Refunds due to you as a result of that cancellation will be paid to you as soon as is reasonably possible and in any event within calendar 14 days of the date on which the Contract is cancelled;
- If the event outside of our control occurs and continues for more than 14 calendar days and you wish to cancel the Contract as a result, you may do so in any way you wish. If you would prefer to contact us directly to cancel, please use the following details at clause 11 below. In each case, please provide us with your name, address, email address, telephone number, and Order ID. Any Refunds due to you as a result of such cancellation will be paid to you as soon as is reasonably possible and in any event within 14 calendar days of the date on which the Contract is cancelled.
11. Communication and Contact Details
- Email: email@example.com
- Post: LittleBird Digital Limited, Keyboards & Dreams, First Floor, Rear Building, 34-35 Hatton Garden, London ECN18DX
12. How We Use your Personal Information (Data Protection)
13. Other Important Terms
13.1 Assignment. We may transfer (assign) our obligations and rights under these Terms (and under the Contract, as applicable) to a third party (this may happen, for example, if we sell our business). If this occurs, you will be informed by us in writing. Your rights under these Terms will not be affected and our obligations under these Terms will be transferred to the third party who will remain bound by them. You may not transfer (assign) your obligations and rights under these Terms (and under the Contract, as applicable) without our express written permission.
13.2 Exclusivity of Contract. The Contract is between you and us. It is not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these Terms.
13.3 Enforceability of Terms. If any of the provisions of these Terms are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, those provision(s) shall be deemed severed from the remainder of these Terms. The remainder of these Terms shall be valid and enforceable.
13.4 No waiver of rights. No failure or delay by us in exercising any of our rights under these Terms means that we have waived that right, and no waiver by us of a breach of any provision of these Terms means that we will waive any subsequent breach of the same or any other provision.
13.5 We may revise Terms. We may revise these Terms from time to time in response to changes in relevant laws and other regulatory requirements. If we change these Terms as they relate to your Order, we will give you reasonable advance notice of the changes.
14. Law and Jurisdiction
14.1 Applicable laws. These Terms, and the relationship between you and us (whether contractual or otherwise) shall be governed by and construed in accordance with the law of England & Wales.
14.2 Rights of consumer. If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 14.1 above takes away or reduces your rights as a consumer to rely on those provisions.
These Terms relate to Experiences that are offered for Purchase under Deals on our Website.
15.1 When you will receive your E-Ticket. If you Purchase a Deal for an Experience through our Website, you will receive an E-Ticket (in the form of an E-Receipt), which can be used to access an Experience subject to the following Terms.
15.2 Delivery of E-Tickets. We will deliver your E-Ticket electronically and in accordance with any information contained on the Deal Listing. Please ensure you read the Deal Listing and E-Ticket carefully to check whether there is an extra step required before you can you use the E-Ticket to access the Experience.
- Direct-entry Ticket, which will allow you to enter the Experience directly, subject to clause 16.9; or
- Redeemable Ticket, which will require Redemption with the Merchant before you can access the Experience.
15.4 You may not change your mind in respect of E-Tickets. No cooling-off period applies, and all sales are non-refundable unless otherwise stated in these Terms.
16. E-Ticket Redemption
- in the Deal Listing; and
- In the Order Confirmation.
16.2 Expiry on Use by Date. An E-Ticket will expire on the Use by Date, and the Merchant will not allow Redemption past the Use by Date.
16.3 No Refunds for E-Tickets. Other than under sub-clause 16.11, no Refunds will be provided for any E-Tickets. This will include your failure to attend the Experience, due to your illness, or any other reasons.
16.4 Not responsible for lost E-Receipt. We shall not be responsible in circumstances where you have lost your E-Receipt.
16.5 Closure of Experience. If an Experience is fully closed outside of the advertised entry hours (as detailed in the Deal Listing, Merchant Website or on any E-Ticket), we will provide you with a Refund and, where possible, offer you the option to change the date you access the Experience.
16.6 No liability for your failure to access. We will not be liable for any costs, losses or additional expenses which you may incur as a consequence of not being able to access the Experience for any reason.
16.7 No dealing with E-Ticket. You may not reproduce, resell, exchange, share or otherwise deal with an E-Ticket and we reserve the right to cancel any E-Ticket, at our discretion, if we believe that you have not complied with these Terms, including those contained on the Deal Listing, or any terms imposed by the Merchant.
- can only be redeemed in its entirety and may not be Redeemed in part and/or instalments; and
- may not be combined with any other vouchers, offers, promotions, coupons or gift certificates on Redemption.
16.9 Right to conduct searches or refuse admission. The Merchant or Event Supplier may conduct security searches of attendees, which may include you and any members of your party, for the purposes of ensuring the safety and security of all attendees. They may refuse admission to those breaching or suspected of breaching any terms and conditions of the Merchant, Event Supplier or venue.
16.10 Right to alter or vary programme. Tickets are sold subject to the Merchant or Event Supplier’s right to alter or vary the programme of an event due to events or circumstances beyond its reasonable control without being obliged to refund monies or exchange Tickets.
- A Refund; or
- The rescheduling of the Experience, if possible.
1.1 We do not manufacture, supply or deliver Goods to you. We are not the manufacturer, supplier or delivery agent of the Goods we offer through Deals on our Website. These roles are typically carried out by the Merchant or another third party.
1.2 No warranties or guarantees. While we work to ensure that all Goods offered for purchase on our Website are of quality design and conform to all regulatory requirements, we make no warranties or representations to this effect. We encourage you to read all information and instructions presented on labels, pamphlets and warnings which accompany the Goods before use. These Terms do not in any way seek to restrict or limit any legal rights you have as a consumer.
1.3 Goods may vary slightly from images. The images of Goods on our Website are for illustrative purposes only. Your Goods may vary slightly from those images.
2. Your rights to make changes
2.1 When you can change the Goods. If you wish to make changes to the Goods you have ordered, please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the Good, the timing of delivery or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end the Contract if provided for under the Terms.
3. Delivery, Risk and Ownership
3.1 Goods Delivered by Merchant. All Goods purchased through our Website will be delivered by the Merchant (or its authorised agent) as set out in the Deal Listing or on the Merchant Website.
3.2 Terms and Conditions of Delivery. While we work to ensure that Goods are delivered in accordance with your instructions and to a satisfactory standard, we make no warranties or guarantees in this respect. Delivery of your Goods will be subject to the terms and conditions of delivery set by the Merchant. However, if you have any delivery related issues, please contact us and we will do our best to resolve the matter if possible.
3.3 Delivery costs. Information on any costs of delivery for Goods will be noted on the Deal Listing or on the Merchant’s Website (as applicable.) Please note that we do not set any delivery costs for the Goods and have no ability to change, discount or refund delivery cost.
3.4 When Delivery is Complete. Delivery shall be deemed complete and responsibility for the Goods will pass to you once the Goods have been delivered to the address you have provided to us or the Merchant at the time your Order was made.
3.5 When you own the Goods. Ownership of the Goods passes to you once payment has been received in full of all sums due (including any applicable delivery charges).
4. Returns Policy and Refunds
4.1 Our Returns Policy. Goods offered for Purchase are subject to our Returns Policy set out in this clause 5. You retain all further applicable statutory rights to return Goods, including where goods supplied to you are incorrect or faulty.
4.2 Returning Goods. Where you purchase a Good through our Website, you have 14 calendar days starting the day you receive the Good to cancel your Contract, unless the Good does not have cancellation rights as described at sub-clause 5.4. Please return the Goods to the Merchant as soon as possible following the cancellation of your Contract and in any event, within 14 calendar days from your notice to us of your cancellation. You are responsible for the return shipping costs of the Goods.
4.3 Faulty, defective or non-conforming Goods. We encourage you to inspect Goods upon receipt. If a Good has a defect or fault existing at the time of delivery or otherwise does not conform to your Order, you have a statutory right to return the Good. We strongly encourage you to contact us as soon as you become aware of any problems and we will confirm If you are eligible for a Refund, such Refund will be processed within 14 calendar days of a Good being returned to the Merchant and will be made using the same payment method that you used when ordering the Goods.
- If the Goods are sealed for health or hygiene reasons and you have unsealed those Goods after receiving them;
- If the Goods consist of sealed audio or video recordings (e.g. CD or DVD) or sealed computer software and you have unsealed the Goods after receiving them;
- If the Goods are likely to deteriorate quickly, for example flowers or food;
- If the Goods have been personalised or custom-made for you;
- If the Goods have been inseparably mixed with other items (according to their nature) after you have received them.