Terms of service
Overview
This website is operated by Mattis Roussel, trading as Bireka. Throughout the site, the terms "we", "us" and "our" refer to Bireka.
Bireka offers this website, including all information, tools and services available from it, to you, the user, on condition that you accept all the terms, conditions, policies and notices set out here.
By visiting our site and/or purchasing something from us, you use our "Service" and agree to be bound by the following terms and conditions ("Terms and Conditions", "Terms"). This includes any additional terms, conditions and policies referred to here and/or available by hyperlink. These Terms apply to all users of the site, including, without limitation, browsers, customers, merchants and contributors of content.
Please read these Terms carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms. If you do not agree to all of them, you should not access the website or use any of its services.
Any new features or tools added to the shop in the future will also be subject to these Terms. You can review the most recent version of the Terms at any time on this page. We reserve the right to update, change or replace any part of these Terms by posting updates and/or changes on our website. Changes will not affect orders you have already placed: each order is governed by the Terms in force on the date you placed it.
Our shop is hosted on Shopify, which provides the e-commerce platform that allows us to sell our products to you.
Delivery
We deliver your order within 5 to 8 working days. You will receive a tracking number by email as soon as your parcel has been dispatched. If you have not received your tracking number within 72 hours of placing your order, please email us at contact@bireka.com and our customer service team will send it to you promptly.
Products become your responsibility once they have been delivered to you or to someone you have nominated.
Section 1 – Online shop terms
By agreeing to these Terms, you confirm that you are at least 18 years old, or that you have given us your consent to allow any minor dependants in your care to use this site.
You may not use our products for any illegal or unauthorised purpose. When using the Service, you must not break any laws in your jurisdiction, including but not limited to copyright laws.
You must not transmit any worms, viruses or any code of a destructive nature.
Any breach of these Terms will result in the immediate termination of your access to the Service.
Section 2 – General conditions
We reserve the right to refuse service to anyone, for any reason, at any time.
You understand that your content (not including card information) may be transferred unencrypted. This may involve (a) transmissions over various networks and (b) changes to conform and adapt to the technical requirements of connecting networks or devices. Card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Service without our express prior written permission. This includes use of the Service, access to the Service, and any contact on the website through which the Service is provided.
The headings used in these Terms are included for convenience only and do not limit or otherwise affect them.
Section 3 – Accuracy, completeness and timeliness of information
The general content of this site is provided for information only. It should not be relied upon as the sole basis for making decisions without consulting more accurate, complete or up-to-date sources. Any reliance on this general content is at your own risk.
This site may contain historical information, which is not necessarily up to date and is provided for reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information. You agree that it is your responsibility to monitor changes to our site.
This does not apply to product descriptions, which form part of your contract with us, and does not affect your rights under the Consumer Rights Act 2015.
Section 4 – Changes to the Service and prices
All prices are shown in pounds sterling (GBP) and include any applicable taxes. Delivery charges, where applicable, are shown at checkout before you pay.
Prices for our products may change without notice. A price change will not affect orders that have already been confirmed.
We reserve the right to modify or discontinue the Service (or any part or content of it) at any time without notice.
We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Section 5 – Products or services
Some products or services may be available exclusively online through our website. These products may be available in limited quantities and may only be returned or exchanged in accordance with our Returns & Refunds Policy.
We have made every effort to display the colours and images of our products as accurately as possible. However, we cannot guarantee that your screen will display any colour accurately.
We reserve the right, but are not obliged, to limit the sale of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any product or service we offer. All product descriptions and prices may be changed at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited by law.
All our products are covered by your statutory rights under the Consumer Rights Act 2015: they must be of satisfactory quality, fit for purpose and as described.
Section 6 – Accuracy of billing and account information
We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same payment card, and/or orders that use the same billing and/or delivery address.
If we change or cancel an order, we will try to notify you by contacting the email address and/or billing address/phone number provided when the order was placed. We will refund in full any amount you have paid for cancelled items.
We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our shop. You agree to promptly update your account and other information, including your email address and card numbers and expiry dates, so that we can complete your transactions and contact you as needed.
For more details, please see our Returns & Refunds Policy.
Section 7 – Optional tools
We may provide you with access to third-party tools that we neither monitor nor have any control or input over.
You acknowledge and agree that we provide access to such tools "as is" and "as available", without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use you make of optional tools offered through the site is entirely at your own risk and discretion. You should make sure you are familiar with and approve of the terms on which the relevant third-party provider(s) offer these tools.
We may also, in the future, offer new services and/or features through the website, including new tools and resources. These new features and/or services will also be subject to these Terms.
Section 8 – Third-party links
Certain content, products and services available through our Service 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 of these sites. We do not warrant, and will not have any liability or responsibility for, any third-party materials, websites, products, services or other items accessible on or from them.
We are not liable for any harm or damage 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 the third party's policies and practices carefully 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 9 – User comments, feedback and other submissions
You may send us specific submissions at our request (for example, contest entries). You may also send us creative ideas, suggestions, proposals, plans or other materials without being asked, whether online, by email, by post or otherwise (collectively, "comments"). In either case, you agree that we may, at any time and without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments you send us. We are and shall be under no obligation (1) to keep any comments confidential, (2) to pay compensation for any comments, or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine, at our sole discretion, to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable, or that infringes any party's intellectual property or these Terms.
You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary rights. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material. They must not contain any computer virus or other malware that could in any way affect the operation of the Service or any related website.
You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.
Section 10 – Personal information
Your submission of personal information through the shop is governed by our Privacy Policy.
Section 11 – Errors, inaccuracies and omissions
Occasionally, there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions. These may relate to product descriptions, pricing, promotions, offers, delivery charges, delivery 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 in the Service or on any related website is inaccurate. We may do so at any time without prior notice, including after you have submitted your order. If we cancel your order, you will receive a full refund.
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including 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 has been modified or updated.
Section 12 – Prohibited uses
In addition to the other prohibitions set out in these Terms, you are prohibited from using the site or its content:
- (a) for any unlawful purpose;
- (b) to encourage others to perform or take part in any unlawful acts;
- (c) to violate any international, national or local regulations, rules or laws;
- (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 affects the functionality or operation of the Service, 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;
- (k) to interfere with or circumvent the security features of the Service, 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 13 – Disclaimer of warranties; limitation of liability
We do not guarantee, represent or warrant that your use of our website will be uninterrupted, timely, secure or error-free, or that the results obtained from using it will be accurate or reliable. You agree that we may, from time to time, remove the website for indefinite periods or cancel it at any time, without notice.
If we fail to comply with these Terms, we are responsible for any loss or damage you suffer that is a foreseeable result of our breaking these Terms or our failing to use reasonable care and skill. We are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is obvious that it will happen, or if both you and we knew it might happen when the contract was made.
We only supply products for domestic and private use. If you use the products for any commercial, business or resale purpose, we will have no liability to you for any loss of profit, loss of business, business interruption or loss of business opportunity.
Nothing in these Terms limits or excludes our liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation;
- breach of your legal rights in relation to the products, including the right to receive products that are as described, of satisfactory quality and fit for purpose under the Consumer Rights Act 2015.
Your statutory rights are not affected.
Section 14 – Indemnification
To the extent permitted by law, you agree to indemnify and hold us harmless from any claim or demand made by any third party, including reasonable legal fees, that arises from:
- your breach of these Terms or the documents they incorporate by reference; or
- your violation of any law or the rights of a third party.
Section 15 – Severability
If any provision of these Terms is found to be unlawful, void or unenforceable, that provision shall still be enforceable to the fullest extent permitted by law. The unenforceable part shall be deemed severed from these Terms, and this shall not affect the validity and enforceability of any other remaining provisions.
Section 16 – Termination
The obligations and liabilities of the parties incurred before the termination date shall survive the termination of this agreement for all purposes.
These Terms remain in effect unless and until terminated by either you or us. You may terminate these Terms at any time by telling us that you no longer wish to use our Services, or when you stop using our site.
If, in our sole judgement, you fail to comply with any term or provision of these Terms (or we suspect that you have failed to), we may also terminate this agreement at any time without notice. You will remain liable for all amounts due up to and including the date of termination, and/or we may deny you access to our Services (or any part of them).
Section 17 – Entire agreement
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.
These Terms, together with any policies or operating rules we post on this site or in respect of the Service, constitute the entire agreement and understanding between you and us and govern your use of the Service. They supersede any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us, including any prior versions of the Terms.
If any term of these Terms could have more than one meaning, the meaning most favourable to you will apply.
Section 18 – Governing law
These Terms are governed by the laws of England and Wales. You can bring legal proceedings in respect of the products in the courts of England and Wales. If you live in Scotland, you can bring legal proceedings in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in either the Northern Irish or the English courts.
Section 19 – Changes to the Terms and Conditions
You can review the most recent version of these Terms at any time on this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes on our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website after any changes are posted constitutes acceptance of those changes. Orders already placed remain governed by the Terms in force on the date of the order.
Section 20 – Contact information
Business name: Bireka
Operated by: Mattis Roussel
Email: contact@bireka.com
Use of this website is governed by these Terms. By using the site, you confirm that you have read and accepted them. Questions about these Terms should be sent to us at contact@bireka.com.