INTRODUCTION
These terms and conditions apply to the entire contents of this website to any orders placed via this website and to any e-mail correspondence between bkd studios Ltd. and you. They do not include wholesale, trade or consultancy services offered by bkd studios Ltd., where they will be covered by their own specific and relevant Terms of Business.
Where the term “services” is used in this document, it refers to services in relation to the item purchased on this website, such as personalisation, shipping and delivery, etc.
Where these terms and conditions use terms such as "bkd", "we", "us" and "our" they refer to bkd studios Ltd.
bkd studios Ltd is incorporated and registered in England and Wales, company registration no: 10919372 at 5 Underwood Street, London, England, N1 7LY.
We offer this website (www.bkdstudios.com), including all the information, tools and services available on it, on the condition that you accept these terms and conditions and the associated policies available on our website.
By visiting our website and/or making a purchase from us, you are deemed to have accepted these terms and conditions.
You can view the most current version of these terms and conditions at any time by visiting Terms and Conditions on our website. We reserve the right to update, change or replace any part of these terms and conditions, without prior notice to you, by posting updates on this page. If we choose to make any changes after your order has been confirmed, the changes will not be applicable to your order, which will be governed by the terms and conditions in place at the time the order was placed. It is your responsibility to read these terms and conditions and ensure you understand them before making a purchase. Our right to change our terms and conditions will not affect your statutory rights.
Please note that the entirety of this agreement includes the following, which can be found on our website:
1 GENERAL CONDITIONS
1.1 We reserve the right to refuse service to anyone, for any reason, at any time.
1.2 Any content that you enter onto this website may be transferred unencrypted and involve transmissions over various networks and may involve changes in order to conform and adapt to the technical requirements of connecting networks or devices.
1.3 You may not reproduce, duplicate, copy, sell, resell or otherwise exploit for commercial gain, or otherwise, any portion of any of the content on the website or any other part of the service that we offer on this website, save for when our expressed permission is granted.
1.4 Headings and titles used on this website are done so for convenience only. They do not constitute any part of the terms and conditions and will not limit or otherwise affect the terms herein.
2 OUR PRODUCTS
2.1 Our website offers a range of products and or services for sale. Where we refer to an 'item' we are referring to a single product and services available for purchase on this website.
2.2 We will take all reasonable care to ensure that the details displayed for a particular item offered for sale are correct at the time when the information was entered onto the system.
2.3 Whilst care is taken to ensure that we display as accurately as possible appearances, colours, textures or finishes, what you will see on your computer monitor or equipment may differ and so we cannot guarantee that images are an accurate representation of the actual goods or services that you are purchasing.
2.4 Where the products are handmade from natural materials with minimal treatment to the materials, e.g. leather, brass, etc. ; colours and shades may vary between products and may have “imperfections.”
3 ORDERS
3.1 We reserve the right to refuse or reject any orders in our absolute discretion. Although, this is a list of instances when we may not be able to accept your order, they are by no means exhaustive. Our right to refuse or reject any order extend to include all other instances not listed below:
a) The item you have ordered is out of stock
b) We cannot authorise your payment or have reasonable grounds to suspect your payment may be fraudulent
c) There has been a pricing or product description error
d) There is a system or procurement failure
e) You have failed our customer validation checks
3.2 When you place an order, you will receive an email confirming the details of your order to the email address you provided during the checkout process (“Confirmation Email”). The Confirmation Email is not a confirmation that your order has been accepted by us.
3.3 Your order will only be accepted by us once your goods have been dispatched.
3.4 The Confirmation Email is not a guarantee of stock availability. If we are unable to fulfil your order (or part of it), we will cancel the order (or where only part of the order cannot be fulfilled, the unavailable items within it) and return any payment for the items that cannot be fulfilled to you. We will do our best to let you know as soon as possible if your order (or any part of it) cannot be fulfilled.
4 PRE-ORDERS
4.1 Certain products that are not immediately available to purchase may be displayed on our website. These items can be pre-ordered to secure them once they become available.
4.2 Payment will be taken when or shortly after your order is placed.
4.3 Estimated delivery times will be communicated to you before you place your order and when you receive acknowledgement for your order. You can cancel your order at any time before the dispatch of the item or when work has started on the item.
4.4 Our usual returns and cancellations conditions apply provided the item is not personalised, made-to-order, perishable or time critical, in which case the item cannot be returned or cancelled. This does not affect your statutory rights.
5 REGISTER INTEREST
5.1 Where certain items are ‘unavailable to purchase at present time’ on our website, you may be given the opportunity to ‘Register Interest’.
5.2 If you choose to ‘Register Interest’ we will notify you as soon as the item is available to purchase on our website. No payment is taken during this process and the product is not reserved for you.
5.3 We are not able to reserve items or guarantee size availability.
6 PAYMENTS
6.1 The total cost of your order will be the purchase price for the item(s) and any additional services you order, including for example, personalisation (where available) and shipping (where applicable).
6.2 We reserve the right to change the payment methods we are able to accept at any time.
6.3 Please note that we currently only accept payments in British Pounds (GBP).
6.4 You confirm that the credit/debit card or payment method that is being used is yours and that all details you provide to us in respect thereof including, without limitation, name and address details are complete, correct and accurate. You further confirm that the credit/debit card is valid and the inputted payment details are correct.
6.5 All credit/debit cardholders and payment account holders are subject to validation checks and authorisation by the card issuer or payment method provider. If the issuer of your card or payment method refuses to authorise payment we will not accept your order and we will not be liable for any delay or non-delivery and we are not obliged to inform you of the reason for the refusal.
6.6 We are not responsible for any charges or other amounts which may be applied by your card issuer or bank or payment method provider as a result of our processing of your credit/debit card payment or other method of payment in accordance with your order or as a result of us, the seller of the item(s) being located in the United Kingdom.
6.7 If your credit/debit card or payment method is not denominated in GBP, the final price may be charged in the currency of your card or account. Such final price is calculated and charged by your card issuer or bank or payment method provider and therefore we shall not be responsible for any cost, expense, charge or other liability which may be incurred or suffered by you as a result of your card issuer or payment method provider charging you in a different currency other than GBP.
6.8 We will take your payment once your card details have been processed through the online check out at the point of placing an order, although the funds may take 2-3 days from purchase to leave your bank account.
6.9 We accept payment by Visa, MasterCard, Switch, American Express and PayPal. All credit and debit cardholders are subject to verification checks and authorisation by the card issuer.
6.10 For fraud prevention purposes, the third-party payment gateway/payments service providers that we use may verify the names, addresses and other information supplied by you during the order process to satisfy the applicable due diligence checks. Failed verification may prevent your order from being processes. In such a circumstance, we will contact you as soon as possible to confirm this.
7 TAXES, CUSTOMS AND EXCISE
7.1 All relevant sales taxes are included in the prices shown on our website.
7.2 Where shopping from outside of the UK (currently North America only), we ship all orders on a “Delivery Duty Paid” (“DDP”) basis which means we pay for all of the applicable customs and excise duties. You will only be charged the price of the delivery service of choice.
8 MODIFICATIONS TO OUR SERVICE AND PRICING
8.1 Prices for items are subject to change without notice.
8.2 We reserve the right to, at any time, modify or discontinue any part of the service that we offer, or any part of content thereof, without any notice to you.
8.3 We accept no liability to you or to any third-party for any modification, price change, suspension or discontinuation of the service.
8.4 If we discover an error in pricing for any goods you have ordered, we will contact you as soon as possible and provide the option of reconfirming your order (at the correct price) or cancelling it and receiving a full refund.
9 PROMOTION CODES/COUPONS
9.1 We do not carry out sales because we try to practice fair pricing. However, on very rare occasions, we may offer promotional discounts, that can be redeemed by entering a promotional code at the point of checkout on our webstore, prior to making payment. We regret we cannot retrospectively apply a discount on an order that has already been paid for.
We reserve the right to:
a) withhold the issue of any promotional code/coupon at anytime
b) end or amend the validity of any promotional code/coupon with no prior notice.
10 SHIPPING AND DELIVERY
10.1 All orders are shipped from London, United Kingdom to the delivery address you provided at the time of placing your order. We only ship to UK (Great Britain, Northern Ireland and Wales) and USA currently.
10.2 We are currently unable to offer multiple shipping on a single order. To do this, you will have to place separate purchase orders.
10.3 With regret, we cannot ship to freight forwarding addresses and P.O boxes for security reasons and to ensure you receive your order without any issues, all orders require a proof of delivery signature.
10.4 We aim to despatch all orders placed before 2pm (+GMT) within a maximum of 4 business days (Monday-Friday) for all standard shipping to the UK and North America.
10.5 During check-out, you may be presented with one or more options for delivery. Where an estimated timescale for delivery is provided, this is an estimate only and your items may be delayed in being received due to circumstances beyond our control (such as a courier delay, or at busy times).
10.6 “Next day delivery” is only available for UK addresses and an order placed before 2pm (GMT+) and this option, if selected for orders placed on Friday, Saturdays or Sundays, it will not be despatched for delivery until the following business day.
10.7 “DHL Priority Express” is available only for USA addresses and orders placed before 2pm (GMT+) and this option, if selected an order placed on Friday, Saturdays or Sundays, it will not be despatched for delivery until the following business day.
10.8 When you have placed an order, you will receive a Confirmation Email, followed by an email confirming when your order has been dispatched that includes online tracking information. The online tracking is maintained by the respective third-party courier or postal service. On receipt of your items, a signature will be required. Where there is no proof of delivery signature, we will not be able to offer refunds. For further details on how our products are shipped and delivered, please refer to Shipping and Delivery.
10.9 Promotions offering free shipping to any global territory are offered until which time we reserve the right to end it. We may do so at any time without prior notice.
11 CANCELLATIONS
11.1 Items ordered that are personalised, made-to-order, perishable or time critical cannot be refunded, returned or cancelled except where, they have been successfully cancelled before work has started, despatched or permitted under your statutory rights.
11.2 If you wish to cancel an order you have placed you must contact us at curious@bkdstudios.com. An order which has been successfully cancelled is issued a refund.
11.3 We understand that sometimes it will not always be possible to cancel the order if it has already been completed and dispatched. In such circumstances, the returns and refunds procedures will apply as set out in these terms and conditions, the Returns and Refunds and the Shipping and Delivery page.
12 RETURNS AND REFUNDS
12.1 For items that have not been successfully cancelled and despatched, you may return them by informing us by email to curious@bkdstudios.com within 14 days of purchase that you wish to return or exchange them. You must then return the product to us within 14 days from the date you informed us, with proof of delivery. You will not be entitled to a refund or to exchange your order if you return unwanted items to us more than 28 days after the delivery.
12.2 All goods returned must be in their original condition and either unworn or undamaged. If the items are returned in a worn, damaged, or inadequate condition, we reserve the right to make deductions from any refund or deny a full refund (depending on the severity of the damage) to account for the mishandling of the products.
12.3 All refunds do not include the cost of the original shipping fee paid. Where items are returned without a pre-paid returns label, you are responsible for the cost of shipping the items back to us and any customs, taxes and excise.
12.4 Once we have received and inspected the items returned, and there no issues you will be entitled to receive an exchange or refund (less the cost of the original shipping fee paid at the time the order was placed, shipping).
12.5 Items which are returned to us due to refusal of delivery we reserve the right to deduct further postage and penalties incurred from any subsequent refund.
12.6 Please read and follow all other instructions for the return of goods to us, as detailed on the Shipping and Deliveryand Returns, Refunds + Exchanges pages carefully or it could result in a refund being rejected.
13 EXCHANGES
13.1 Where items are returned for an exchange, we are currently only able to offer a single exchange per item. If the exchanged item is still unsuitable or not required, the item returned will be refunded in full (excluding shipping charges) subject to these terms and conditions.
13.2 Exchanges can only be made for like-for-like items in the same colour or the alternative colourways. Alternative items will not be exchangeable.
13.3 Exchanges are currently only available for orders placed from UK. However, for all UK and USA customers, you are welcome to return the item under Clause 12 and place a new order.
13.4 Provided you have met all the above requirements; we will process your exchange or refund within 10 working days from the day the returned goods are accepted by us. Any refunds will be paid to the card you originally used to purchase the goods. Depending on your bank, the refund could take longer to appear in your bank account.
13.5 We understand that returns are sometime unavoidable due to the nature of shopping online. We do monitor the number of returns made by individual customers and we reserve the right to close your bkd account and refuse any future orders should these be flagged to us as a high fraud risk.
14 PAYMENTS AND VALIDATION CHECKS
14.1 All payments cardholders are subject to validation checks and authorisation by the payment card issuer. If your payment card issuer refuses to authorise payment to us, we will not be liable for any delay or non-delivery.
14.2 For fraud prevention purposes, the third-party payment gateway/payments service providers that we use may verify the names, addresses and other information supplied by you during the order process to satisfy the applicable due diligence checks. Any failed verification may result in us not being able to process your order. In such a circumstance, we will contact you as soon as possible to confirm this.
15 LIABILITY AND INDEMNITY
15.1 We shall not be liable for any direct, special, indirect or consequential or incidental damages including loss of profit or loss of opportunity as a result of the use of or the inability to use any items that have been ordered on this website.
15.2 Whilst unlikely, we will not be held liable for death or personal injury as a result of negligence, poor quality or otherwise. The use of our products is at your own risk and we take no responsibility for any injury that may result.
15.3 You agree to indemnify us and our agents, officers, directors and employees, immediately and on demand, against all claims, liability, damages, costs and expenses, including legal fees, arising out of any breach of any of our terms and conditions.
16 JURISDICTION
16.1 These terms and conditions shall be governed in accordance with English Law and are subject to the exclusive jurisdiction of the courts of England and Wales.
17 ENTIRE AGREEMENT
17.1 These terms and conditions combined with our published Privacy; Shipping and Delivery; and Returns and Refunds policies, which can all be found on our website, constitute the entire agreement between the parties and supersede any and all preceding and contemporaneous agreements between you and us whether written or oral.
18 GENERAL
18.1 Should any part-term or term be found to be unenforceable then the remainder of the terms and conditions shall continue to have full force and effect as if the invalidated term was not present.
18.2 Should any delay or failure to comply with our obligations under these terms and conditions arise where it is beyond our reasonable control, we will not be responsible to you for such delay or failure nor liable for any loss that you incur, howsoever caused.
19 INTELLECTUAL PROPERTY
19.1 We are the owner or the licensee of all intellectual property rights on our site, and in the material published on it including without limitation any and all text, images, and/or logos. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
19.2 You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged. You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors. If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
19.3 "bkd” and “Rosie the parakeet” marks are registered trademarks of bkd studios Ltd.
20 DATA PROTECTION AND PRIVACY
20.1 All personal information that you provide to us from time to time will be collected, managed and processed in accordance with the relevant UK Data Protection laws and regulations, details of which are set out in our Privacy Policy.
20.2 bkd studios Ltd is registered as a data controller with the ICO under the UK Data Protection Act. For more information on this registration see: http://www.ico.org.uk/
20.3 bkd studios Ltd. registered address is at:
5 Underwood Street,
London,
England, N1 7LY
21 CUSTOMER SERVICE/BUSINESS HOURS
21.1 For all enquiries, please email us at curious@bkdstudios.com. All emails and messages are dealt with during the usual business hours Monday-Friday, between 9.30am and 6.30pm (+GMT). We are closed on UK public and bank holidays; and other times which we will announce in advance.
