General Terms & Conditions of Metalbird Europe B.V.
Article 1 - Definitions
The following definitions apply in these terms and conditions:
Customer: a natural person whose actions are not carried out for objectives relating to the course of a trade, a profession or a business;
Distance contract: a contract concluded between Metalbird and a customer within the framework of system organized for the distance sale of products, digital content and/or services, whereby sole or partly use is made of one or more techniques for distance communication up to and including the moment that the contract is concluded;
Right of withdrawal: the possibility for a customer to waive a distance contract within the withdrawal period;
Withdrawal period: the period within which a customer can make use of his right of withdrawal.
Article 2 - Identity of the trader
Metalbird Europe B.V.
Registered address: Muiderstraat 1, 1011PZ Amsterdam, The Netherlands;
Email address: email@example.com
Chamber of Commerce number: 83661425
VAT identification number: NL862950478B01
Article 3 - Applicability
- These general terms and conditions apply to every offer made by Metalbird and to every (distance) contract that has been realised between Metalbird and a customer.
- Prior to the conclusion of a distance contract, the text of these general terms and conditions will be made available to the customer. If this is not reasonably possible, Metalbird will indicate, before the distance contract is concluded, in what way the general terms and conditions are available for inspection at Metalbird’s premises and that they will be sent free of charge to the customer, as quickly as possible, at the customer’s request.
- If the distance contract is concluded electronically, then, contrary to the previous paragraph, and before the distance contract is concluded, the customer will be provided with the text of these general terms and conditions electronically, in such a way that the customer can easily store them on a durable data carrier. If this is not reasonably possible, then before concluding the distance contract, Metalbird will indicate where the general terms and conditions can be inspected electronically and that at his request they will be sent to the customer free of charge, either electronically or in some other way.
Article 4 - The offer
- If an offer is subject to a limited period of validity or is made subject to conditions, this will be explicitly mentioned in the offer.
- The offer contains an accurate description of the products offered. The description is sufficiently detailed to enable the customer to make a proper assessment of the offer. If Metalbird makes use of illustrations, these will be a true representation of the products and/or services being offered.
- Metalbird is not bound by obvious errors or mistakes in the offer.
Article 5 - The contract
- The contract will be concluded, subject to that which is stipulated in article 4, at the moment at which the customer accepts the offer and the conditions thereby stipulated have been fulfilled.
- Metalbird may obtain information – within statutory frameworks – about the customer’s ability to fulfill his payment obligations, as well as about facts and factors that are important for the responsible conclusion of the distance contract. If that research gives Metalbird proper grounds for declining to conclude the contract, then Metalbird has a right, supported by reasons, to reject an order or application or to bind its implementation to special conditions.
- Metalbird shall be entitled to assign all or part of the rights and obligations arising from the contract (possibly to its affiliated companies).
Article 6 - Right of withdrawal
- When purchasing products, a customer has the right to dissolve a contract, without giving reasons, during a period of at least 14 days. Metalbird is allowed to ask a customer for the reason of this dissolution, but the customer is under no obligation to state his/her reason(s).
- The period stipulated in paragraph 1 commences on the day after the product was received by the customer, or a third party designated by the customer, who is not the transporting party, or if the customer has ordered several products with the same order number: the day on which the customer, or a third party designated by the customer, received the last product.
- A customer who wants to exercise his right of withdrawal shall report this to Metalbird, within the withdrawal period, in an unequivocal way.
Article 7 - Customers’ obligations during the withdrawal period
- The risk and the burden of proof for exercising the right of withdrawal correctly and in time rest upon the customer.
- As quickly as possible, but no later than 14 days after the day of reporting as referred to in paragraph 1, the customer shall return the product, or hand it over to (a representative of) Metalbird. The customer will in any case have complied with the time for returning goods if he sends the product back before the withdrawal period has lapsed.
- During the withdrawal period, the customer shall treat the product and its packaging with care. The customer shall only unpack or use the product in as far as necessary in order to assess the nature, characteristics and efficacy of the product. The point of departure here is that the customer may only handle and inspect the product in the same way that he would be allowed in a shop.
- The customer returns the product with all relevant accessories, if reasonably possible in the original state and packaging, and in accordance with the reasonable and clear instructions provided by Metalbird.
- The customer bears the direct costs of returning the product.
- The customer is only liable for the product’s devaluation that is a consequence of handling the product other than as stated in paragraph 1.
- If a customer exercises his right of withdrawal, all supplementary agreements are legally dissolved.
Article 8 - Metalbirds’ obligations in a case of withdrawal
- Metalbird reimburses the customer as soon as reasonably possible with all payments, including any delivery costs Metalbird charged for the returned product, though at the latest within 30 days after the day on which the customer reported the withdrawal. Except in cases in which Metalbird has offered to retrieve the product himself, he can postpone refunding until he has received the product or until the customer proves he has returned the product, depending on which occurs earlier.
- For any reimbursement, Metalbird will use the same payment method that was initially used by the customer, unless the customer agrees to another method.
- If the customer chooses an expensive method of delivery in preference to the cheapest standard delivery, Metalbird does not have to refund the additional costs of the more expensive method.
Article 9 - The price
- The total amount stated on the shopping cart, quotation or invoice is final and includes the prices of the ordered products, their processing, packaging material and transport.
- All prices and transport costs for customer sales are stated in euros including VAT. For non-customer sales, different provisions may apply with regard to VAT.
- Metalbird VOF will only send a separate invoice to an email address indicated by the customer at the express request of the customer.
Article 10 - Delivery
- Taking into consideration that which is stated in article 4 of these general terms and conditions, the company do everything possible to have the goods delivered to the address clearly indicated by the customer as soon as the order has been accepted and it has received confirmation of payment.
- The ordered goods will be delivered by an external party. For orders outside the EU, the customer is responsible for the import duties in his or her country.
- All costs related to the delivery are for the account of the customer.
- The shipping costs within Europe are charged by the Dutch State with the then applicable VAT rate.
- If the customer refuses to take receipt of the goods or fails to provide instructions or information regarding their delivery, any additional costs for a new delivery or storage of these goods will be borne by the customer.
- Any delivery date that may be mentioned by Metalbird VOF can only be subject to change.
- Depending on the country, the delivery time can vary from one (1) to (30) working days, but normal European delivery will usually take place in one (1) to five (5) days.
Article 11 - Payment
- All sums payable by the customer must be made before delivery, unless other arrangements have been made.
- Processing and dispatch of the ordered items takes place after the payment has been confirmed by the bank.
- The following information will be requested: name, address, zip code, telephone number, e-mail address, payment details and shipping address if different from the previously stated address.
- After that, an e-mail will automatically be sent to you with a number to confirm your order.
- In accordance with the law on personal registration, no information will be passed on to third parties; exceptions to this are parties involved in executing the order. The customer is obliged to report immediately to Metalbird any inaccuracies in payment data provided or stated.
- If a customer fails to fulfil his payment obligation(s) in good time, after Metalbird has informed the customer about the late payment, the customer is allowed 14 days in which to fulfil the obligation to pay; if payment is not made within this 14-day period, statutory interest will be payable over the sum owed and Metalbird has the right to charge reasonable extrajudicial costs of collection he has incurred.
Article 12 - Disputes
- Contracts entered into between Metalbird and a customer and which are subject to these general terms and conditions are exclusively ruled by Dutch law.
Article 13 - Amendment to the general terms and conditions
Metalbird has the right to amend these general terms and conditions at any time. Amendments will come into force after Metalbird has sufficiently notified the customer of such an amendment.
For over ten years now, Metalbird has been producing quality works of art that last a lifetime, wherever you install them. We stand by the materials and craftsmanship of our birds, and if you’re unhappy with either, please contact us to discuss your concerns.
All of our birds, and occasionally our bees, are made from Corten Steel, designed to form a protective patina that resists corrosion, decay and damage. Corten is used for industrial architecture and large scale sculptures because of its longevity and weathering capacity. This is how we know that your Metalbird will not only last for decades, but will likely outlive us all.
How’s that for a Lifetime Guarantee?
PROMOTIONAL TERMS AND CONDITIONS
Offers only valid from the dates indicated unless otherwise stated or while stocks last. Offers cannot be used in conjunction with any other promotional price or discount offers. We reserve the right to limit the quantity of any product purchased by a customer. We will comply with all our legal obligations on products we sell and are happy to exchange products in accordance with our returns policy.
BUY 2 BIRDS | GET FREE MINI
Our free minis are only eligible on orders consisting of two or more regular sized birds on the same transaction and are limited to one mini per order. E-Gift Vouchers do not qualify for free minis as these are sent electronically. Minis are not eligible on any discounted bundle pack, or pack of mini birds. Minis are limited to one per order. Order must be going to one address and split shipping is not available. Birds must be all in one order to qualify for promotional price.
Our best-selling bundle options do not include the free mini option as mini is already included within the bundle. These are set bundles and are not interchangeable with any other products. Offer is not available in conjunction with any other offer including discount codes. For more information contact firstname.lastname@example.org.
GIFT VOUCHER TERMS & CONDITIONS
By using your Metalbird.eu gift card, you agree to be bound by the Terms and Conditions, so we recommend that you read them carefully. These Terms and Conditions will be governed by the law of your country of residence.
PURCHASING A GIFT CARD
You can purchase gift cards online at Metalbird.eu. Once your order has been approved, gift cards purchased on Metalbird.eu for delivery via email will be sent to the email address provided at the time of ordering.
REDEEMING A GIFT CARD
You can use your gift card online at Metalbird.eu. You cannot exchange your gift card balance for cash or use the balance of the gift card to purchase another gift card. All purchases made with gift cards are subject to the acceptance of our Terms of Sale for online purchasing. You acknowledge that you have carefully read such terms of sale and agree to fully comply with them. Upon redemption, any unused balance will be carried over for future purchases and will not be redeemed or exchanged for cash.
Your Metalbird.eu gift card has no expiry date…. Yay!
MULTIPLE PAYMENT METHODS
The total order value for products purchased online with a gift card includes (i) the price of the product(s), (ii) value-added tax where applicable and (iii) delivery charges where applicable. If the order total is more than the balance on your gift card, the remaining sum must be paid for by another accepted payment method or another gift card. The gift card balance will immediately be reduced following purchase, while the credit card or other forms may expect delays.
REFUNDS FOR PURCHASES MADE WITH A GIFT CARD
If you return a product originally purchased with a gift card, any refund due to you will be returned to the gift card used or to a new gift card where the original gift card cannot be located. If you return a product originally purchased with multiple gift cards, the total refund due will be returned to the most recently purchased gift card. If you return a product originally purchased with multiple payment methods, any refund due will first be refunded to the payment method(s) used for the original transaction (e.g. credit card, debit card or PayPal account) up to the original amount due to that payment method, following which the remaining balance of any refund will be transferred to the gift card used or to a new gift card where the original gift card cannot be located.
You have the right to cancel your Metalbird.eu gift card within 14 working days of receipt provided that you have not used the gift card. In case of cancellation, Metalbird will refund the amount of the gift card to the original payment method used during ordering within 14 days of cancellation.
LOST, STOLEN OR DAMAGED GIFT CARDS
Sorry but we cannot replace your Metalbird.eu gift card without proper proof of purchase if it is lost, stolen or damaged. Also, Metalbird cannot be held responsible for any balance lost on a Metalbird.eu gift card as a result of theft or fraud. Please contact us for more information.
Metalbird reserves the right to refuse, cancel or hold for review gift cards and orders where it is deemed necessary to do so, for example for suspected fraud, cards mistakenly issued in an incorrect denomination or for other violations of gift card policies.
CONTACT US FOR MORE INFORMATION
If you require further information about these Terms and Conditions, or your use of the Metalbird.eu gift card, please check our FAQ page or alternatively, you can contact us.
FREE PERSONAL MESSAGE INCLUDED