These Terms and conditions are effective from Sunday 23rd July 2023 

Our Contract With You

The order form at the beginning of this document, together with these terms, form our Contract with you. You should ensure that the order form is complete and accurate and read these terms carefully.


Where to find information about us and our products

You can find everything you need to know about us, Bill Bird Shoes Limited, and our
products on our website, in our brochure or from our shoemakers before you order. We
also confirm the key information to you in writing before you order, either by email, in
your online account or on paper.


We don't give business customers all the same rights as consumers

For example, business customers can't cancel their orders, they have different rights
where there is a problem with a product and we don't compensate them in the same way
for losses caused by us or our products. Where a term applies just to businesses or just
to consumers, this is clearly stated. You are a business customer if you are buying
products wholly or mainly for use in connection with your trade, business, craft or
profession, even if you are an individual.


When you buy from us you are agreeing that:

- We only accept orders when we've checked them.
- Sometimes we reject orders.
- We may charge you when we accept your order or at regular intervals thereafter.
- We charge interest on late payments.
- We pass on increases in VAT.
- We're not responsible for delays outside our control.
- Products can vary slightly from their pictures.
- You're responsible for making sure your measurements are accurate.
- We charge you if you don't give us information we need or do preparatory work as
greed with us
- As most of our products/goods are made to your specifications and/or are clearly
personalised, your usual legal right to change your mind will not apply. If you are a
consumer, you may still have the right to change your mind if the products/Goods
that you are buying are not made to your specifications and are not personalised.
- You can end an on-going contract (find out how).
- You have rights if there is something wrong with your product.
- We can change products and these terms.
- We can suspend supply (and you have rights if we do).
- We can withdraw products.
- We can end our contract with you.
- We don't compensate you for all losses caused by us or our products.
- We use your personal data as set out in our Privacy Notice.
- You have several options for resolving disputes with us.
- Other important terms apply to our contract.

If you are a business customer this is our entire agreement with you

If you are a business customer these terms constitute the entire agreement between us
in relation to your purchase. You acknowledge that you have not relied on any
statement, promise, representation, assurance or warranty made or given by us or on
our behalf which is not set out in these terms and that you have no claim for innocent or
negligent misrepresentation or negligent misstatement based on any statement in this
agreement.


We only accept orders when we've checked them

We contact you to confirm we've received your order and then we contact you again to
confirm we've accepted it.


Sometimes we reject orders

Sometimes we reject orders, for example, because a product is unexpectedly out of
stock, because a credit reference we have obtained is unsatisfactory, because the
design requested is too intricate for the foot in question, because the foot conditions are
to complex, because you are located outside our delivery areas, as stated on our
website and in our marketing or because the product was mispriced by us. We may also
delay acceptance of an order or part of an order where you have ordered multiple pairs
of shoes, in these circumstances we may refuse to prepare a second pair of shoes
before you have confirmed that the first pair are suitable to your needs. When this
happens, we let you know as soon as possible and refund any sums you have paid.


We may charge you when we accept your order

However, for most products we take payment at regular intervals, as explained to you
during the order process. If your product is goods (rather than digital content or Goods),
you will own it once we have received payment in full.

If you are a business customer you have no set-off rights

If you are a business customer you must pay all amounts due to us under these terms in
full without any set-off, counterclaim, deduction or withholding (other than any deduction
or withholding of tax as required by law).

We charge interest on late payments

If we're unable to collect any payment you owe us we charge interest on the overdue
amount at the rate of 4% a year above the Bank of England base rate from time to time.
This interest accrues on a daily basis from the due date until the date of actual payment
of the overdue amount, whether before or after judgment. You pay us the interest
together with any overdue amount.


We pass on increases in VAT
If the rate of VAT changes between your order date and the date we supply the product,
we adjust the rate of VAT that you pay, unless you have already paid in full before the
change in the rate of VAT takes effect.


We're not responsible for delays outside our control

If our supply of your product is delayed by an event outside our control, such as delays
when posting shoes to you and/or delays in deliveries of materials to us], we contact you
as soon as possible to let you know and do what we can to reduce the delay. As long as
we do this, we won't compensate you for the delay, but if the delay is likely to be
substantial you can contact our Team of Shoemakers: 01386 700855 to end the contract
and receive a refund for any products you have paid for in advance, but not received,
less reasonable costs we have already incurred.


Products can vary slightly from their pictures

Most of our products are bespoke and made to your order. As a result, a product's true
colour may not exactly match that shown in our marketing or its packaging may be
slightly different. Because our products are handmade, all sizes, weights, capacities,
dimensions and measurements indicated on our website can be out by up to 2%.


You're responsible for making sure your measurements are accurate

We will usually take measurements for you. However, if we're making or supplying the
product to measurements you provide, you're responsible for making sure those
measurements are correct. We may also require details of leg length differences and
conditions that affect your feet and it is your responsibility to ensure that this information
is full and accurate. For information and tips on how to measure please contact our
Team of Shoemakers: 01386 700855.


We charge you if you don't give us information we need or do preparatory work as
agreed with us

We charge you additional sums if you don't give us information we've asked for about
how we can access your property for delivery, measurements for the products, details of
leg length differences and conditions that affect your feet, or answer reasonable
questions we may have. For example, we might need to re-deliver the product, make
adjustments to the product, reschedule delivery or vary our charges.


As above, most of our goods/products are made to your specifications or are
clearly personalised and therefore you will not have a right to change your mind.

You still have the right to change your mind if the products that you are buying are not
made to your specifications and are not personalised.


Your legal right to change your mind. 

For generic/non-bespoke products, you have a
legal right to change your mind about your purchase and receive a refund of what you
paid for it, including the delivery costs. This is subject to some conditions, as set out
below.


Our goodwill guarantee for consumers. 

We, Bill Bird Shoes, offer our consumer
customers a goodwill guarantee for most products however they are purchased, which is
more generous than your legal rights in the ways set out below. This goodwill guarantee
does not affect your legal rights if there is something wrong with your product (for more
on those rights see You have rights if there is something wrong with your product).
Your legal rights How our goodwill guarantee is more generous

When you can't change your mind. 

You can't change your mind about an order for:

- digital products, after you have started to download or stream these;
- Goods, once these have been completed;
- products sealed for health protection or hygiene purposes, once these have been
unsealed after you receive them;
- sealed audio or sealed video recordings or sealed computer software, once these
products are unsealed after you receive them;
- goods that are made to your specifications or are clearly personalised (please note
that this applies to most of our products/goods, in particular our
custom/bespoke shoes); and
- goods which become mixed inseparably with other items after their delivery.


The deadline for changing your mind. 

If you change your mind about a product you
must let us know no later than 14 days after:
-the day we deliver your product, if it is goods, for example a shoe horn. If the goods
are for regular delivery (for example, a subscription), you can only change your mind
after the first delivery. If the goods are split into several deliveries over different days,
the period runs from the day after the last delivery.
- the day we confirm we have accepted your order, if it is for a service, for example
shoe repair, leg length difference work and refurbishment of footwear.


How to let us know. 

Where applicable, to let us know you want to change your mind,
contact our Team of Shoemakers: 01386 700855.


You have to return the product at your own cost. 

If your product is goods, for
example, a shoe horn, you have to return it to us within 14 days of your telling us you
have changed your mind. Returns are at your own cost, unless we offered free returns
when you bought the goods. You can:

-  bring the product to our store details of our address available by contacting our Team
of Shoemakers: 01386 700855). You will need your invoice and receipt and the card
you paid with.
- send the product back to us, using an established delivery service. If you do this you
should keep a receipt or other evidence from the delivery service that proves you
have sent it and when you sent it. If you don’t do this and we don’t receive the goods
at all or within a reasonable time we won't refund you the price. For help with returns,
including our collection arrangements for goods which can't be posted, see our
Returns Process: contact our Team of Shoemakers: 01386 700855.


We only refund standard delivery costs. 

We don't refund any extra you have paid for express delivery or delivery at a particular time.


You have to pay for Goods you received before you change your mind. 
If you bought a service we don't refund you for the time you were receiving it before you told us
you'd changed your mind.

We reduce your refund if you have used or damaged a product. 
If you handle the product in a way which would not be acceptable in-store, we reduce your refund, to
compensate us for its reduced value. For example, we reduce your refund if the
product's condition is not "as new", price tags have been removed, the packaging is
damaged or accessories are missing. In some cases, because of the way you have
treated the product, no refund may be due.

When and how we refund you. 
If your product is a service, digital content or goods that
haven't been delivered or that we're collecting from you, we refund you as soon as
possible and within 14 days of you telling us you've changed your mind. If your product
is goods that you're sending back to us, we refund you within 14 days of receiving them
back from you (or receiving evidence you've sent them to us). We refund you by the
method you used for payment. We don't charge a fee for the refund.

You can end an on-going contract (find out how)
We tell you when and how you can end an on-going contract with us (for example, for
regular Goods or a subscription to digital content or goods) during the order process and
we confirm this information to you in writing after we've accepted your order. If you have
any questions, please contact our Team of Shoemakers: 01386 700855 due to the
bespoke nature of most of our goods/products we reserve the right to refuse to end an
on-going contract and/or provide any refund once your order has been accepted..
As our products/goods are made to your specifications and/or are clearly personalised,
your usual legal right to change your mind will not apply. If you are a consumer, you may still have the right to change your mind if the products/Goods that you are buying are not made to your specifications and are not personalised.

You have rights if there is something wrong with your product

Return the product to us. 
If you think there is something wrong with your product, you
must contact our Team of Shoemakers: 01386 700855.

Your rights and remedies if you are a consumer. 
We honour our legal duty to provide you with products that are as described to you on our website and that meet all the requirements imposed by law. Your legal rights are summarised below. These are
subject to certain exceptions. For detailed information please visit the Citizens Advice
website www.citizensadvice.org.uk. 

Remember too that You have several options for resolving disputes with us.

Your rights if you are a business. 

We warrant that on delivery, and for a period of 12 months from the date of delivery (warranty period), any products which are goods shall:

- conform in all material respects with their description and any relevant specification;
- be free from material defects in design, material and workmanship;
- be of satisfactory quality (within the meaning of the Sale of Goods Act 1979); and be fit for any purpose held out by us.


Your remedies if you are a business. 

Unless an exception applies (see Exceptions to business customers' warranty) if:
- you give us notice in writing during the warranty period within a reasonable time of discovery that a product does not comply with the business customer warranty (see Your rights if you are a consumer);
- we are given a reasonable opportunity of examining such product; and you return such product to us at our cost,

we shall, at our option, repair or replace the defective product, or refund the price of the defective product in full and this will be your only remedy for breach of the warranty. These terms shall apply to any repaired or replacement products supplied by us.


Exceptions to business customers' warranty. 

We will not be liable for a product's failure to comply with the business customer warranty (see Your rights if you are a business) if:

- you make any further use of such product after telling us it is non-compliant;
- the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the product or (if there are none) good trade practice;
- the defect arises because we followed any drawing, design or specification supplied by you;
- you alter or repair the product without our written consent; or
- the defect arises because of fair wear and tear, wilful damage, negligence, or abnormal working conditions.


We can change products and these terms

Changes we can always make. 
We can always change a product:: 

- to reflect changes in relevant laws and regulatory requirements though we do not anticipate any such changes; and 

-to make minor technical adjustments and improvements, for example to address a security threat. These are changes that don't affect your use of the product.

Changes we can only make if we give you notice and an option to terminate. 

We can also make the following types of change to the product or these terms, but if we do so we'll notify you and you can then contact our Team of Shoemakers: 01386 700855 to end the contract before the change takes effect and receive a refund for any products
you've paid for in advance, but won't receive, such as material changes to the specification of your product:

We can suspend supply (and you have rights if we do)

We can suspend the supply of a product. We do this to:

- deal with technical problems or make minor technical changes;
- update the product to reflect changes in relevant laws and regulatory requirements;
or
- make changes to the product (see We can change products and these terms).

We let you know, may adjust the price and may allow you to terminate. 
We contact you in advance to tell you we're suspending supply, unless the problem is urgent or an emergency. If we suspend the product for longer than three months in any 12 month period we adjust the price so you don't pay for it while its suspended. If we suspend supply, or tell you we're going to suspend supply, for more than three months you can contact our Team of Shoemakers: 01386 700855 to end the contract and we'll refund
any sums you've paid in advance for products you won't receive.

We can withdraw products
We can stop providing a product, such as an ongoing service or goods. We aim to let you know at least two weeks in advance and we refund any sums you've paid in advance for products which won't be provided.

We can end our contract with you
We can end our contract with you for a product and claim any compensation due to us if:

- you don't make any payment to us when it's due and you still don't make payment within 14 days of our reminding you that payment is due;
- you don't, within a reasonable time of us asking for it, provide us with information, cooperation or access that we need to provide the product, for example, measurements and (if applicable medical conditions);
- you don't, within a reasonable time, either allow us to deliver the product to you or collect it from us. If you have said you will collect a product but you don't do this

within 14 days then (unless the product is made to your specifications or is clearly personalised) we treat your order as cancelled and refund the purchase price. Where the product is made to your specifications or is clearly personalised then we will still charge you for the product/will not refund you, but the contract will still be cancelled.


We don't compensate you for all losses caused by us or our products

Our liability to consumers. We're responsible for losses you suffer caused by us breaking this contract unless the loss is:

- Unexpected. It was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable).

- Caused by a delaying event outside our control. As long as we have taken the steps set out in the section We are not responsible for delays outside our control.

- Avoidable. Something you could have avoided by taking reasonable action. For example, damage to your own digital content or device, which was caused by digital content we supplied and which you could have avoided by following our advice to apply a free update or by correctly following the installation instructions or having the
minimum system requirements advised by us.

- A business loss. Our liability for any loss you suffer in connection with your trade, business, craft or profession is limited, as described in Our liability to businesses.


Our liability to businesses. 
If you're a business, then, except in respect of the losses described in Losses we never limit or exclude:

- we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and

- our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for products under such contract.

Losses we never limit or exclude. Nothing in these terms shall limit or exclude our liability for:
- death or personal injury caused by our negligence, or the negligence of our employees, agents or subcontractors (as applicable);
- fraud or fraudulent misrepresentation;
- breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
- defective products under the Consumer Protection Act 1987;

No implied terms about goods. 
Except to the extent expressly stated in Your rights if you are a business, we exclude all terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3 to 5 of the Supply of Goods and Services Act 1982.

We use your personal data as set out in our Privacy Notice

You have several options for resolving disputes with us

Our complaints policy. 
Our Team of Shoemakers: 01386 700855 will do their best to resolve any problems you have with us or our products on a case by case basis, if and when you raise a complaint.

Resolving disputes without going to court (consumers only). 
Alternative dispute resolution is an optional process where an independent body considers the facts of a
dispute and seeks to resolve it, without you having to go to court. If you're not satisfied with the outcome you can still go to court.

You can go to court. 
These terms are governed by English law. If you are a consumer then, wherever you live, you can bring claims against us in the English courts and if you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. If you are a consumer we can claim against you in the
courts of the country you live in. If you are a business you irrevocably agree to submit all disputes arising out of or in connection with our contract with you to the exclusive jurisdiction of the English courts.

Other important terms apply to our contract
We can transfer our contract with you, so that a different organisation is responsible for supplying your product. We'll tell you in writing if this happens and if you are a consumer we'll ensure that the transfer won't affect your rights under the contract OR We'll contact you to let you know if we plan to do this. If you're a consumer and you're unhappy with the transfer you can contact our Team of Shoemakers: 01386 700855 to end the contract within 14 days of us telling you about it and we will refund you any payments you've made in advance for products not provided.

You can only transfer your contract with us to someone else if we agree to this.
We may not agree if the product being provided to you is bespoke or for any other reason. If you're a business you need our agreement to transfer your contract with us and it's entirely up to us whether we give it.

Nobody else has any rights under this contract. 
This contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.

If a court invalidates some of this contract, the rest of it will still apply. 
If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.

Even if we delay in enforcing this contract, we can still enforce it later. 
We might not immediately chase you for not doing something (like paying) or for doing something you're not allowed to, but that doesn’t mean we can't do it later.