Terms and Conditions

Terms and Conditions of Sale

1. Introduction, Application and Entire Agreement

1.1 These terms and conditions apply to the purchase of goods from Ciara Birch trading as Liv Like Busby to the person buying the goods.

1.2 You are deemed to have accepted these terms and conditions when you purchase any goods via our website, social media or otherwise or from the date of any performance of the supply of goods (whichever happens earlier) and these Terms and Conditions are the entire agreement between us.

1.3 You acknowledge that you have not relied on any statement, promise or representation made by or given on our behalf. These conditions apply to the Contract and exclude any other terms that you try to impose, incorporate or which are implied by trade, custom, practice or course of dealing.

2. Interpretation and Definitions

2.1 A “business day” or "working day" means any day other than Saturday, Sunday or a bank holiday in England and Wales.

2.2 The headings used in these Terms and Conditions are for convenience only and do not affect their interpretation.

2.3 Words imparting the singular shall include the plural and vice-versa.

3. Supply of Goods

3.1 We warrant that we will use reasonable care and skill in our performance of the supply of goods. We can make any changes to the goods provided which are necessary to comply with any applicable law or safety requirement, and we will notify you should this be necessary.

3.2 We will use our reasonable care and skill to complete the supply of goods within the time agreed or as set out in any supplied quotation, or stated on any product listing. Time shall not be of the essence in the performance of our obligations.

3.3 These Terms and Conditions apply to the supply of goods unless we specify otherwise.

4. Payment and Fees

4.1 The sums are set out in our invoice received before or after completing your purchase. 

4.2 In addition to the sums due, we can recover from you:

4.2.1 Reasonable incidental expenses;
4.2.2 The cost of goods and services provided by third parties and required by us for the supply of goods;
4.2.3 Late payment charges at the rate of 8% per annum above the base lending rate of the Bank of England until payment is received in full.

4.3 We are not liable for any additional postage, carriage, customs or other fees which may be payable upon receipt, or in anticipation of receipt, of your order. 

5. Effects of Cancellation – Non-Business Customers

5.1 If you cancel this contract in accordance with Clause 5, we will reimburse all payments received from you, including the cost of delivery (where the item has not already been dispatched) except for any supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us.

5.2 We may make a deduction from the reimbursement for loss in value of any goods supplied if the loss is the result of unnecessary handling by you.

5.3 We will make the reimbursement without undue delay and aim to reimburse:

5.3.1 within 14 days after the day we received back from you any goods supplied; or

5.3.2 if there were no goods supplied, within 14 days after the day on which we are informed about your decision to cancel this contract.

5.4 We will make the reimbursement using the same means of payment you used for the initial transaction.

5.5 If you have received the goods:

5.5.1 You are liable to cover the cost of returning the goods to us.
5.5.2 You are liable for any diminished value of the goods returning from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
5.5.3 You will not be reimbursed any postage, customs or other fees incurred in conjunction with your purchase. 

6. Termination

6.1 We reserve the right to terminate this contract immediately if you:

6.1.1 Commit a material breach under these terms and Conditions; or
6.1.2 Fail to pay any amount due under the Contract on the due date for payment; or
6.1.3 Are, become, or are in our reasonable opinion about to become the subject of a bankruptcy order or take advantage of any other statutory provision for the relief of insolvent debtor; or
6.1.4 Enter a voluntary arrangement under Part 1 of the Insolvency Act 1986, or any other scheme or arrangement is made with creditors; or
6.1.5 Convene any meeting of your creditors, have a receiver, manager, administrator, or administrative receiver appointed in respect of your assets or undertakings or any part of them.

6.2 If this contract has been terminated, it will not affect our right to receive any money which you owe us under the terms of this contract.

7. Intellectual Property

We reserve all copyright and other intellectual property rights which may subsist in any goods supplied in connection with this contract. We reserve the right to take any appropriate action to restrain or prevent the infringement of such intellectual property rights.

8. Limit on our responsibility to non-business customers

8.1 The provisions of this section shall apply to purchases made for non-business purposes only.

8.2 Except for any legal responsibility that we cannot exclude in law, in the case of purchases made for non-business purposes, we are not legally responsible for:

8.2.1 Any losses that were not foreseeable to you and us when the contract was formed.
8.2.2 Any losses that were not caused by any breach on our part.
8.2.3 Any losses that were foreseeable by you, the customer.
8.2.4 Any business losses; and
8.2.5 Any losses to non-consumers.

9. Indemnity and Insurance

9.1 You shall indemnify us, and keep us indemnified, from and against any losses, damages, liability, costs, and expenses incurred by us a result of or in connection with your breach of any of your obligations under this contract.

9.2 We have in place contracts of insurance with a reputable insurer to cover our obligations under this contract. On request, this information can be supplied so far as this is applicable.

10. Limitation of Liability

10.1 The extent of the parties’ liabilities under or in connection with this contract (regardless of whether such liability arises in tort, contract or in any other way and whether or not caused by negligence or misrepresentation) shall be as set out in this clause.

10.2 Subject to the sub-clauses below, we shall not be liable for consequential, indirect, or special losses.

10.3 Subject to the sub-clauses below, we shall not be liable for any of the following (whether direct or indirect):

10.3.1 Loss of profit;
10.3.2 Loss or corruption of data;
10.3.3 Loss of use;
10.3.4 Loss of production;
10.3.5 Loss of Contract;
10.3.6 Loss of opportunity;
10.3.7 Loss of savings, discount, or rebate (whether actual or anticipated); or
10.3.8 Harm to reputation or loss of goodwill

10.4 The limitations of liability set out above shall not apply in respect of any indemnities given by either party under this contract.

10.5 Notwithstanding any other provision of this contract, the liability of the parties shall not be limited in any way in respect of the following:

10.5.1 Death or personal injury caused by negligence;
10.5.2 Fraud or fraudulent misrepresentation;
10.5.3 Any losses caused by wilful misconduct.
10.5.4 Any other losses which cannot be excluded or limited by the law of England and Wales.

11. Data Protection

11.1 When supplying goods, we reserve the right to store and process personal data of the customer.

11.2 The parties agree that where such processing of personal data takes place, the customer shall be the ‘data controller’ and the service provider shall be the ‘data processor’ as defined in the General Data Protection Regulation and may be amended, extended or re-enacted from time to time.

11.3 For the avoidance of doubt, the terms used in clause 11 shall have the same meaning as in the GDPR.

11.4 The Service Provider shall only process personal data to the extent reasonably required to enable it to supply goods mentioned in these terms and conditions or as requested and agreed with the Customer.

11.5 The Service Provider shall not disclose any Personal Data to any third parties other than employees, directors, agents, or advisors on a strict ‘need-to-know’ basis.

11.6 If you are unhappy with any service we provide, please contact us via the website or email. We will aim to provide you with a written response within 14 days.

12. Circumstances beyond a party’s control

12.1 Neither party shall be held liable for any failure or delay in performing obligations where such failure or delay is a direct or indirect result from any cause that is beyond the reasonable control of that party. If the delay continues for a period of 90 days, either party may terminate or cancel the contract.

13. Communications

13.1 All notices under these Terms and Conditions must be in writing and signed by, or on behalf of, the party giving notice.

13.2 All notices under these Terms and Conditions must be addressed to the most recent address or email address notified to the other party.

14. Law and Jurisdiction

14.1 This Agreement shall be governed by and construed in accordance with the law of England and Wales.

14.2 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the Courts of England and Wales.