Terms & Conditions

 

Please read these Terms and Conditions carefully before placing an order.

 

OVERVIEW

This website is operated by Bivain. Throughout the site, the terms “we”, “us” and “our” refer to Bivain. Bivain offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply  to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

 

SECTION 1 - ONLINE STORE TERMS

1.1 No contract exists between you and Bivain  for the sale of any goods until we have received and accepted your order and we send you an order confirmation to the email address you have provided us. Once we have done so, there is a binding legal contract between us.

1.2 We may change these terms of sale without notice to you in relation to future sales.

1.4 You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of Bivain or any contact on the website, without express written permission by us.

1.5 You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the site, violate any laws in your jurisdiction (including but not limited to copyright laws).

 

SECTION 2 - ORDERS

2.1  All goods are subject to availability. If on receipt of your order, the goods you have ordered are not available in stock, we will inform you as soon as possible, and either offer an alternative product of the same value as your purchased item(s) or refund you for any sum that has been paid by you for the goods.

2.2  Actual product colours may vary from colours shown on your monitor. We cannot guarantee that your computer monitor's display of any colour will be accurate.

2.3  Every effort is made to ensure accurate representation of our products through the Bivain website. However, product details, colours and finishing may vary due to the handmade nature and batch-printing of the products.

2.4 We reserve the right at any time to modify or discontinue products without notice at any time. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of our products.

2.5 We reserve the right to cancel your order if an item was listed at an incorrect price or description.

2.6 We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers or distributors.

2.7 If, for any reason, you would like to cancel your order, please email customerservices@bivain.com quoting your order number. Orders cannot be cancelled once shipped.  

 

SECTION 3 - PRICES

3.1 Approximate prices in alternative currencies can be viewed by selecting the currency tab at the top of the site. However, goods will be charged for in the Pounds Sterling prices listed on the website. Goods are charged in Pounds Sterling at checkout.

3.2 Prices may be changed at any time without further notice. 

 

SECTION 4 - DELIVERY

4.1 Your order will be delivered to the shipping address specified when you place your order. Changes cannot be made to the shipping address after the goods have been dispatched.

4.2  The estimated delivery times are to be used as a guide only and commence from the date of dispatch. Bivain is not responsible for any delays caused by the customs clearance process. Please note that the shipping rates are not inclusive of any taxes, duties or import fees that may be charged when a package reaches its destination country. All orders are shipped DDU (Delivered Duty Unpaid).

4.4  All orders must be signed for at point of delivery. If your order is returned because no signature was obtained or for any reason such as postal strikes, you will be responsible for all return and re-delivery charges. If someone unauthorised signs for your purchase at the address you have given us, it will not be the responsibility of Bivain.

4.5 Delivery time is subject to product availability and clearance of your payment.

4.6 We reserve the right to limit the sales of our products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.

 

SECTION 5 - RETURNS

5.1 If you wish to return your purchase, please following these instructions:

  1. Email customerservices@bivain.com quoting your order number as soon as possible,
  2. Package the goods securely and send them back to us via recorded delivery to:

    Bivain Returns

    ABC Self Store

    145-147 York Way

    London, N7 9LG

    United Kingdom

5.2 All items must be returned in an unused, saleable condition in their original packaging and hangtags, with enclosed return slip within 14 calendar days of the purchase date.

5.3 Please note that you will be responsible for the costs of returning the goods to us. There will be no refunds for delivery charges.

5.4 Refunds will be processed within 14 days of receipt of the goods to the same card used to pay for your purchase.

5.5 Please retain your proof of postage for returns. We are not responsible for parcels lost in transit.

 

SECTION 6 - THIRD-PARTY LINKS

5.1 Certain content, products and services available via our website may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

 

SECTION 7 - ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Bivain website  or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information on our site or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

 

SECTION 8 - PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

 

SECTION 9 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our site will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the site will be accurate or reliable.

You agree that from time to time we may remove the site for indefinite periods of time or cancel the site at any time, without notice to you.

You expressly agree that your use of, or inability to use, the site is at your sole risk. The site and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Bivain, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

 

SECTION 10 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Bivain and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

 

SECTION 11 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

SECTION 12 - TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

 

SECTION 13 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

 

SECTION 14 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the United Kingdom.

 

SECTION 15 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.