Terms & Conditions
CONSUMER VOUCHER TERMS OF SALE
This page sets out the terms of sale for Vouchers offered by The Bird.
1. General Information
1.1 These Terms of Sale apply to every Voucher you purchase from The Bird.
1.2 The Bird means The Bird, an English company, with its registered office at 18-19 Pulteney Road, Bath, Somerset, BA2 4EZ, United Kingdom. The Bird’s registration number is 10684020, its VAT number is 266271591 and its phone number is 01225 580 438.
1.3 Gifted is a trading name of JOURNEY HOLDINGS LIMITED, an English company with its registered office at Elmstone Business Park, Stoke Road, Elmstone Hardwicke, Cheltenham, GL51 9SY. JOURNEY HOLDINGS LIMITED's registration number is 07413674 and its VAT number is 108477112. Gifted has been appointed as The Bird’s trusted third party payment and fulfilment provider.
1.4 Voucher means an instrument, in either physical or electronic form, which entitles the holder of such Voucher (the 'Voucher Holder') to receive the Offering during the period of time stated on the Voucher (the 'Redemption Period').
1.5 The Offering shall mean the goods and/or services to be supplied and/or provided by The Bird to the Voucher Holder, as specified on the The Bird Site and on the Voucher.
1.6 These Terms of Sale were last updated on 09/11/2020. The Bird reserves the right to unilaterally amend these Terms of Sale at any time. All amendments to these Terms of Sale will be posted on-line. You will be bound only to the version of the Terms of Sale you agreed to at the time you purchase a Voucher.
2. Purchase of a Voucher
2.1 The Bird uses a trusted third party provider, Gifted, to process its vouchers. ‘THE BIRD’ will appear on your bank statement.
2.2 By clicking on the ‘Confirm Order’ button you submit an offer to Gifted to buy the Voucher. However, the purchase of the Voucher is not complete until you receive an email from Gifted confirming acceptance of your offer. Gifted expressly reserves the right to reject your offer. In addition, even if Gifted has accepted your offer, it can cancel the contract at any time if it reasonably suspects that you have committed or that you may be committing any fraud against Gifted or The Bird.
3. Redemption of a Voucher
3.1 Unless expressly stated otherwise:
(a) the Voucher can only be redeemed once;
(b) you must follow the redemption instructions associated with the Voucher when you redeem it.
3.2 In order to redeem a Voucher you must present it to The Bird within the Redemption Period. If you do not redeem the Voucher within the Redemption Period, the Voucher expires automatically. It cannot be redeemed anymore and you are not entitled to any reimbursement or compensation.
3.3 Unless expressly stated otherwise, the Voucher does not entitle the Voucher Holder to receive the Offering at a specific time. You are strongly recommended to contact The Bird at an early stage. Doing so will give you the best chance of securing your preferred time for the supply and/or provision of the Offering.
3.4 Vouchers are redeemable in their entirety only. They may not be redeemed partially or incrementally. If, for whatever reason, you redeem the Voucher for less than the original (un-discounted) value of the Offering, you are not entitled to a credit, cash refund or new Voucher for the difference between the original (un-discounted) value and the redeemed value.
3.5 In the event that The Bird breach their contract with you, The Bird shall be responsible only for refunding the cost of the Voucher and any delivery costs incurred in the original purchase of the Voucher. The Bird shall not be liable to pay any other compensation or losses suffered by you as a consequence of The Bird’s breach of contract.
4. Use of a Voucher
4.1 You promise not to provide false data including false names, addresses and/or contact or payment details; or engage in any unlawful activity in connection with the purchase or use of a Voucher, or allow anyone else to do so.
4.2 Any attempt to redeem a Voucher contrary to these Terms of Sale may render a Voucher void at The Bird’s discretion.
4.3 The reproduction of a Voucher is prohibited. Each Voucher contains a unique reference code, which can only be redeemed once. Once a Voucher has been redeemed, the unique reference code will no longer be valid.
4.4 The commercial trade of a Voucher is prohibited.
5. Cancellation (and exceptions), Refunds and Problems
5.1 You have a statutory right to cancel your purchase of the Voucher within 14 calendar days after the day you receive the confirmation email (the 'Voucher Cancellation Period '). After this time, vouchers will be non-refundable. However, if you redeem your Voucher during the Voucher Cancellation Period, you expressly request The Bird to begin providing the services to you, and you acknowledge that you lose your right to cancel the purchase of the Voucher. Since Gifted is not responsible for the supply or provision of the Offering, once your Voucher is redeemed Gifted has completed its services to you in full.
5.2 If you want to cancel your purchase of a Voucher, within the 14 calendar days as per section 5.1, you can do so by writing to, or calling The Bird at the details mentioned in section 1.2.
5.3 If you cancel your purchase of the Voucher in accordance with this section 5, The Bird will refund you for all payments made as part of your purchase within 14 calendar days from the day on which you informed The Bird about your cancellation.
5.4 If you redeem your Voucher, but The Bird has not properly provided you with the Offering or if you have a complaint regarding the provision of the Offering, you must take action against The Bird. This is because The Bird, and not Gifted, is responsible for the supply and/or provision of the Offering. Gifted only sells and supplies the Voucher.
5.5 Any refund will be refunded to you via your original method of payment. If your original method of payment has been cancelled, expired or has otherwise changed, you will still receive the refund to your original method of payment and your bank should forward it to the correct account, you may need to coordinate with your bank or your payment services provider to obtain your refund. The Bird will not provide more than one refund.
5.6 You have 30 days from the date you receive the refund to reject it. If you do not reject the refund during these 30 days, the refund shall be in full and final settlement of any and all claims you may have against The Bird related to, arising out of, or connected to that Voucher.
6. Responsibility for the Offering
6.1 Please note that The Bird, and not Gifted, is:
6.1.1 the seller, supplier and/or provider of the Offering;
6.1.2 the party who enters into a contract with the Voucher Holder when the Voucher is redeemed; and
6.1.3 solely responsible for providing the Voucher Holder with the Offering and for the Offering itself.
7. Gifted’s Standards of Services and Liability
7.1 Gifted promises that:
7.1.1 it will exercise reasonable care and skill in performing its obligations under these Terms of Sale;
7.1.2 the Vouchers are of satisfactory quality and fit for their purpose; and
7.1.3 it shall not contravene the requirements of fairness or professional diligence in what it does.
7.2 Gifted is always liable for: (a) death and personal injury caused by Gifted’s negligence; (b) fraud or fraudulent misrepresentation made by itself; or (c) any breach by it of the promises in section 7.1 above or any other implied contractual terms that cannot be excluded or limited under applicable law.
7.3 Other than as set out in section 7.2 above, Gifted is not liable for any losses not caused by its breach or any other losses or damages you may suffer, including any indirect losses.
7.4 Gifted does not promise the completeness, fitness for purpose or legality of the Offering. Gifted is not responsible for the quality, safety, usability or any other aspect of the Offering.
7.5 Gifted is not liable for any breach of an obligation under these Terms of Sale where it is hindered or prevented from carrying out its obligations by any cause outside of its reasonable control.
7.6 Other than the liability arising under section 7.2, which is unlimited, Gifted’s total liability to you will in no circumstances exceed the amount of 200% the purchase price of the Voucher.
7.7 In certain countries applicable law does not allow some or all of the exclusions and/or limitations set out in this section 7. If these laws apply to you, some or all of the above exclusions and/or limitations may not apply to you and you may have additional rights.
8. Gifted’s Site
8.1 The Internet website that The Bird uses to sell its Vouchers is provided by a trusted third party, Gifted.
8.2 Gifted’s Site (the 'Site') means the Internet website, mobile applications, electronic communications or services, at which you can purchase a Voucher from The Bird.
9.1 By giving The Bird your details you accept that The Bird will be able to use them for operational purposes, including providing your details to our payment collector, Stripe.
10.1 Unless otherwise stated within these Terms of Sale, notices to be given to either party shall be in writing and shall be delivered by electronic mail (other than if you are sending a notice to Gifted for the purpose of legal process) or by pre-paid post. Any notice The Bird or Gifted sends to you will be to the address you supplied to Gifted when you completed your order. You can send any notice to Gifted at the registered office address as set out in section 1.2.
10.2 If any provision of these Terms of Sale should be held to be invalid or unenforceable, the validity and enforceability of the remaining provisions of these Terms of Sale are not affected. Such invalid or unenforceable provision shall be replaced by a valid and enforceable provision which most closely achieves the economic effect contemplated by the invalid or unenforceable provision.
10.3 We will do our best to resolve any disputes about these Terms of Sale. If you wish to bring a legal claim against us, you must do so within the United Kingdom (and English courts shall have the exclusive jurisdiction for your legal claim). If you live in England and Wales, the laws of England shall apply; if you live in Scotland, then Scottish law shall apply; if you live in Northern Ireland, then Northern Irish law shall apply. The previous sentence applies to all non-contractual relationships between you and us.