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1. General
1.1. These Conditions shall supersede all earlier conditions of Rare Bird Ltd.
1.2. These conditions shall take precedence over any conditions of the Customer and shall not be varied without the written consent of a director of Rare Bird Ltd.

2. Definitions
2.1. “Rare Bird Ltd” means Rare Bird Ltd, Company number 5631538, registered in England.
2.2. "Customer" means the person, firm or company buying or agreeing to buy goods and services from Rare Bird Ltd.
2.4. "Price Paid" means the price paid by the Customer for the Product excluding carriage and any credit surcharge.
2.5. "Order Confirmation" means the acknowledgement of the Customer's order sent to the Customer by Rare Bird Ltd.
2.6. "Product" means any service or goods supplied to the Customer by Rare Bird Ltd.

3. Prices and Ordering
3.1. Unless otherwise stated all prices are exclusive of value added tax, delivery, and insurance.
3.2. The price payable by the Customer will be the price current at the date of the order.
3.3. Reservation of Products does not constitute an order and is not binding on either party.
3.4. Rare Bird Ltd reserves the right to cancel or refuse any order

4. Payment
4.1. Payment must be cleared in our account before goods will be dispatched unless otherwise stated.
4.2  Payment in full of invoices is due upon receipt of the invoice. Should payment in full of any invoice not be received by Rare Bird Ltd within thirty (30) days after date of invoice, Rare Bird Ltd may impose a debt service charge equal to one and one-half percent (1.5%) of the overdue balance (or such lesser amount as may be required by law) for each month or fraction thereof the overdue amount remains unpaid. In addition, in the event that any amount due Rare Bird Ltd remains unpaid thirty (30) days after presentation of an invoice to Customer, Rare Bird Ltd, in its sole discretion, may immediately terminate this Agreement, and/or withhold or suspend Services. All taxes, fees and governmental charges relating to the Services provided shall be paid by Customer.

5. Delivery
5.1. Any delivery date stated is only a warranty by Rare Bird Ltd to use reasonable endeavours to effect delivery by that date. No liability will be accepted by Rare Bird for failure to meet a stated delivery date.
5.2. Products supplied by Rare Bird Ltd are delivered at the risk of Rare Bird Ltd. Customers must make a claim for damage or loss of the goods in writing: -
- if a Product is damaged, within 24 hours of delivery; and
- if a Products has been lost or is short, within 24 hours of delivery.
No claim for loss or damage will be allowed if the Customer claims outside the above time limit.
5.3. If payment is made by credit or debit card, delivery will be made to the statement address of the cardholder.

6. Carriage charges
6.1 For orders over £100 in value (excluding VAT), there will be no outgoing carriage charge to a single destination within the UK.

7. Defective goods & Refunds
7.1. Rare Bird Ltd will replace defective goods or give you a refund of the Price Paid (excluding return carriage costs).
Exclusions - We do not offer refunds because the item purchased is not wanted, so please be certain of your intention to keep the goods before making your order.
7.2  You must inform Rare Bird Ltd in writing/email that the product is defective within 7 days of its arrival.  Return the products to us within 7 days of a replacement or refund request, in the same condition you received them, at your own cost and risk.
7.3. If a customer wishes to return Products not covered by clause 7.1 then such products may be accepted at the discretion of Rare Bird Ltd and will be subject to an administration fee in addition to the standard return fees (outgoing carriage charge, and payment card processing fees) which will be deducted from the price paid by the customer before refund of the remainder. The customer must obtain authorisation from Rare Bird Ltd before returning goods - unauthorised returns will not be accepted.
7.4 Refunds may take up to 30 days to process and be refunded to your account.

8. Limitation of Liability
8.1. Rare Bird Ltd shall not be liable for any indirect or consequential loss or damage (whether for loss of profit, loss of business, depletion of goodwill or otherwise), costs, expenses or other claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with any contract and or supply of goods and or services.
8.2. Rare Bird Ltd shall not be liable for any financial consequential indirect or other losses suffered by the Customer or any third party whether such loss arises in contract or in any other way.

9. Uncontrollable Events and Delays
9.1. In case of delays caused by circumstances beyond the control of Rare bird Ltd or it's suppliers, Rare Bird Ltd shall have the right to either suspend delivery or to cancel the contract without liability.
9.2. Examples of Uncontrollable Events are (by way of example and not limited to) strike, lockout, riot, revolution, war, epidemic, working difficulties, transportation difficulties, fire, and failure of suppliers or official regulations.

10. Customers Obligations
10.1. You are responsible for your own choice of Product and the suitability for any particular purpose. You must ensure that any Products are compatible.
10.2. You are expected to use the products sensibly and take necessary common sense safety precautions
10.3. You must provide reasonable courtesy information and co-operation to Rare Bird Ltd.
10.4. VAT is automatically added to UK destination orders only. You are responsible for paying your own Tax at your countries going rate, in the case of International and offshore order destinations.

11. Title and Risk
11.1. Until full payment has been received by Rare Bird Ltd for all Products whatsoever, supplied at any time by Rare Bird Ltd to the Customer: -
11.1.1. property of the Products shall remain in Rare Bird Ltd;
11.1.2. the Customer shall store the Products in such a way that they can be readily identified as being the property of Rare Bird Ltd, and at all times in accordance with Rare Bird Ltd recommendations;
11.1.3. the Customer shall be at liberty in its own name (but not on behalf of or in the name of Rare Bird Ltd) to sell the Products in the ordinary course of business, on the basis that any proceeds of sale shall be the property of and be held on trust for Rare Bird Ltd.

12. Copyright
12.1. The owner of the copyright of the DVD’s, films, video clips and books have licensed the material contained within each product for private use only and prohibit any other use, copying or reproduction in whole or part.  This includes rental or public broadcasting.

13. Miscellaneous
13.1. The contact shall be governed by the laws of England and the Buyer agrees to submit to the non-exclusive jurisdiction of the English courts.
13.2. If any part of these Terms and Conditions are found to be invalid or unenforceable by a court the rest are unaffected.

Distance Selling Regulations
available at http://www.consumer.gov.uk/ccp/topics1/ecomm.htm

18th Mar 2006