Terms of service

TERMS OF SERVICE

OVERVIEW

This website is operated by Heather Power trading as Bertie Bears Adventure. Throughout the site, the terms “we”, “us” and “our” refer to Bertie Bears Adventure.

Bertie Bears Adventure operates this website and online store, including the information, content, features, products and services made available through it (the “Services”). Our online store is powered by Shopify.

By visiting our website, using our Services or purchasing from us, you agree to these Terms of Service together with our Privacy Policy, Refund Policy and any other policies referred to within these Terms.

Please read these Terms carefully before using our website or placing an order.

Nothing in these Terms affects your statutory rights as a consumer.

SECTION 1 – USING OUR WEBSITE

You may use our website and Services only for lawful purposes.

When placing an order, you agree to provide accurate, current and complete information, including your contact, billing and delivery details.

If you create a customer account, you are responsible for keeping your login details secure.

SECTION 2 – OUR PRODUCTS

We make reasonable efforts to ensure that product descriptions, photographs, measurements and other information displayed on our website are accurate.

Colours and appearance may vary slightly depending on the screen or device used to view our website.

Product availability may change without notice, and we reserve the right to discontinue products or limit quantities where reasonably necessary.

Nothing in this section limits your statutory rights where goods are faulty, not as described or otherwise fail to conform to applicable consumer law.

SECTION 3 – ORDERS

When you place an order with Bertie Bears Adventure, you are making an offer to purchase the products in your order.

We reserve the right to decline or cancel an order where reasonably necessary, including where a product is unavailable, there is an obvious pricing or listing error, payment cannot be authorised, or we reasonably suspect fraudulent activity.

If we cannot accept your order, we will notify you and refund any payment already taken where applicable.

Your statutory cancellation rights for online purchases are not affected by this section. Please see our Return and Refund Policy for information about cancellations, returns and refunds.

SECTION 4 – PRICES AND PAYMENT

Prices shown on our website are the prices applicable when an order is placed, subject to correction of obvious errors.

Any applicable delivery charges will be shown before you complete your purchase.

Payment must be made using one of the payment methods available at checkout.

We reserve the right to change our prices and promotions, but changes will not affect orders already accepted except where permitted by law.

SECTION 5 – SHIPPING AND DELIVERY

We aim to dispatch orders within 2 working days.

UK orders are sent via Royal Mail, and standard delivery will usually arrive within approximately 2–3 working days after dispatch. Delivery times are estimates and delays may occasionally occur.

Risk in the goods passes to you when the goods are delivered to you or to a person identified by you to receive them, except where otherwise provided by applicable law.

Please see our Shipping Policy and Delivery & Returns information for further details.

SECTION 6 – RETURNS, CANCELLATIONS AND REFUNDS

Your rights to cancel an online order and return goods are explained in our Return and Refund Policy.

For eligible online purchases, you generally have 14 days from receiving your goods to tell us that you wish to cancel, followed by a further 14 days to return the goods.

This does not affect your separate statutory rights where goods are faulty, damaged, not as described or otherwise do not conform to the contract.

SECTION 7 – INTELLECTUAL PROPERTY

Unless otherwise stated, the content of this website, including our branding, text, graphics, photographs, designs and other original material, is owned by or licensed to Bertie Bears Adventure.

You may use the website for your personal, non-commercial use.

You must not reproduce, distribute, modify, commercially exploit or otherwise use our protected content without permission, except where permitted by law.

Shopify and other third-party names, trademarks and content remain the property of their respective owners.

SECTION 8 – THIRD-PARTY SERVICES AND LINKS

Our website may contain links to or functionality provided by third parties.

We are not responsible for the content or practices of independent third-party websites. If you choose to visit a third-party website, you should review its applicable terms and privacy policies.

SECTION 9 – SHOPIFY

Our online store is powered by Shopify.

Shopify provides the ecommerce technology that enables us to offer products to you online. However, purchases made from our store are made from Bertie Bears Adventure, not Shopify.

SECTION 10 – PRIVACY

We process personal information in accordance with our Privacy Policy.

Our store is hosted by Shopify, which processes certain personal information in connection with providing its services to us.

Please review our Privacy Policy for further information about how personal information is collected, used and shared.

SECTION 11 – REVIEWS AND FEEDBACK

If you submit a review, photograph, comment or other feedback to us, you confirm that you have the right to provide that content and that it does not infringe another person's rights or contain unlawful or misleading material.

We may use customer feedback and reviews in connection with operating and promoting Bertie Bears Adventure where permitted by law and subject to applicable privacy requirements.

SECTION 12 – ERRORS AND INACCURACIES

We make reasonable efforts to ensure information on our website is accurate.

Occasionally, information may contain typographical errors or inaccuracies relating to product descriptions, pricing, availability, delivery or promotions.

Where permitted by law, we may correct errors or update information.

Nothing in this section affects your statutory consumer rights.

SECTION 13 – PROHIBITED USES

You must not use our website:

for unlawful or fraudulent purposes;
to infringe our rights or the rights of another person;
to introduce viruses, malicious software or other harmful material;
to attempt to gain unauthorised access to our website or systems;
to collect personal information unlawfully; or
in any way that materially interferes with the operation or security of our website.

We may restrict access where reasonably necessary to protect our website, customers or business.

SECTION 14 – LIABILITY AND CONSUMER RIGHTS

Nothing in these Terms excludes or limits liability where doing so would be unlawful.

In particular, nothing in these Terms excludes or limits your statutory rights under applicable UK consumer law, including rights relating to goods that are faulty, not as described or otherwise fail to conform to the contract.

Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot lawfully be excluded or limited.

Where the law allows liability to be limited, we will not be responsible for losses that were not reasonably foreseeable when the contract was formed or for losses arising from circumstances outside our reasonable control.

SECTION 15 – SEVERABILITY

If any provision of these Terms is found to be unlawful, invalid or unenforceable, that provision will be treated as removed or limited to the minimum extent necessary.

The remaining provisions will continue to apply.