Terms & Conditions

1. IN GENERAL
  These Terms and Conditions of Use (the "Terms and Conditions") apply to the BlackButterfly web site located at www.blackbutterflyclothing.com, its affiliated businesses, including Bandicoot Boutique Limited, and BlackButterfly sites on other online retail platforms such as the eBay Marketplace, the Amazon Marketplace and the Rakuten Marketplace.

By using the site, you agree to these Terms and Conditions; if you do not agree, do not use the site.

BlackButterfly reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms and Conditions, at any time. It is your responsibility to check these “Terms and Conditions” periodically for changes. Your continued use of the site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms and Conditions, BlackButterfly grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the site.

This site may contain links to other independent third-party websites ("Linked Sites"). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under BlackButterfly's control, and BlackButterfly is not responsible for and does not endorse the content of such Linked Sites. This also includes any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
2. INTELLECTUAL PROPERTY, SOFTWARE AND CONTENT
  The intellectual property rights in all software and content, text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression and arrangement of such Content, contained on the site is owned, controlled or licensed by or to BlackButterfly, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms and Conditions, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without BlackButterfly's express prior written consent.
3. USE OF THE SITE
  You may not use any software or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. BlackButterfly reserves the right to bar any such activity.

You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of BlackButterfly, including any BlackButterfly account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person's use of the Site.

You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms and Conditions, or to solicit the performance of any illegal activity or other activity which infringes the rights of BlackButterfly or others.
4. REGISTRATION
  BlackButterfly reserves the right to close an account if any user is seen to be using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of multiple accounts, or disrupts any of our services in any way.
5. TERMS OF SALE
  By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.

Dispatch times may vary according to availability and any guarantees or representations made as to delivery times are subject to any delays resulting from postal delays or force majeure for which we will not be responsible. Please see our Delivery Charges notice for further information.

In order to contract with BlackButterfly you must be over 18 years of age and possess a valid credit or debit card issued by a bank acceptable to us. BlackButterfly retains the right to refuse any request made by you. If your order is accepted we will inform you by email and we will confirm the identity of the party which you have contracted with. This will usually be BlackButterfly or may in some cases be a third party. Where a contract is made with a third party BlackButterfly is not acting as either agent or principal and the contract is made between yourself and that third party and will be subject to the terms of sale which they supply you. When placing an order you undertake that all details you provide to us are true and accurate, that you are an authorised user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. The cost of foreign products and services may fluctuate. All prices advertised are subject to such changes.
6. OUR CONTRACT
  When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order. This email will only be an acknowledgement and will not constitute acceptance of your order. A contract between us for the purchase of the goods will not be formed until your payment has been approved by us and we have debited your credit or debit card.
7. PRICING AND AVAILABILITY
  Whilst we try and ensure that all details, descriptions and prices which appear on this website are accurate, errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund. Where applicable, prices are inclusive of VAT. Delivery costs will be charged in addition; such additional charges are clearly displayed where applicable and included in the 'Total Cost'.
8. PAYMENT
  Upon receiving your order we carry out a standard pre-authorisation check on your payment card to ensure there are sufficient funds to fulfil the transaction. Goods will not be dispatched until this pre-authorisation check has been completed. Your card will be debited once the order has been accepted.
9. DISCOUNT CODES
  Promotional discount codes - We may from time to time offer promotional discount codes which may apply in respect of any, or certain specified, purchases made though this website.

The conditions of use relating to any discount code will be specified at the time of issue.

These T&Cs relate to all BlackButterfly promotions, competitions and discount codes (unless otherwise stated).

Only one promotion code can be used per order.

A promotion code can't be used after an order has been placed.
10. ACCOUNTS, PASSWORDS & SECURITY
  Certain features or services offered on or through the Site may require you to open an account (including setting up a BlackButterfly username and password). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password, and for any and all activity that occurs under your account as a result of you failing to keep this information secure and confidential. You agree to notify BlackButterfly immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by BlackButterfly or any other user of or visitor to the Site due to someone else using your BlackButterfly username, password or account as a result of your failing to keep your account information secure and confidential.

You may not use anyone else's BlackButterfly username, password or account at any time without the express permission and consent of the holder of that BlackButterfly ID, password or account. BlackButterfly cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
11. FEEDBACK AND INFORMATION
  Any feedback you provide at this site shall be deemed to be non-confidential. BlackButterfly shall be free to use such information on an unrestricted basis.
12. PRIVACY
  Our privacy policy, which sets out how we will use your information, can be found at Privacy Policy. By using this Site, you consent to the processing described therein and warrant that all data provided by you is accurate.
13. INDEMNITY
  You agree to indemnify, defend and hold harmless BlackButterfly, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this website or your breach of the Terms of Service.
14. VARIATION
  BlackButterfly shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the services and/or any page of this website.
15. DISCLAIMERS
  BlackButterfly does not promise that the site or any content, service or feature of the site will be error-free or uninterrupted, or that any defects will be corrected, or that your use of the site will provide specific results. The site and its content are delivered on an "as-is" and "as-available" basis. All information provided on the site is subject to change without notice. BlackButterfly cannot ensure that any files or other data you download from the site will be free of viruses or contamination or destructive features. BlackButterfly disclaims all warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability and fitness for a particular purpose. BlackButterfly disclaims any and all liability for the acts, omissions and conduct of any third parties in connection with or related to your use of the site and/or any BlackButterfly services. You assume total responsibility for your use of the site and any linked sites. Your sole remedy against BlackButterfly for dissatisfaction with the site or any content is to stop using the site or any such content. This limitation of relief is a part of the bargain between the parties.
16. GOVERNING LAW AND JURISDICTION
  These terms and conditions are to be construed in accordance with the laws of England and in the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to the exclusive jurisdiction of the English courts.
17. ETHICAL SOURCING POLICY
  BlackButterfly recognizes its obligation to ensure that suppliers are operating ethically.

We expect our suppliers to consistently provide an environment which protects their employees' health and safety and basic human rights.

All suppliers are expected to comply with their national employment laws and regulations with particular regard to:
  • Minimum age of employment
  • Freely chosen employment
  • Health and safety
  • Freedom of association and the right to collective bargaining
  • No discrimination
  • No harsh or inhumane treatment
  • Working hours
  • Rates of pay
  • Terms of employment

BlackButterfly will never knowingly source stock from countries which are in breach of the above principles. We also look to our suppliers to instil these principles when dealing with their own supplier base.

Because of the sometimes complex nature of our suppliers' supply chain, it is not always possible to monitor and control the conditions of each individual involved in the production of our products. However, as BlackButterfly continues to grow it recognises the importance of being proactive and doing everything within its power to support the rights of those involved in the manufacture of its goods.

The information contained on this Site is subject to change without notice.
Copyright 2009-2017 BlackButterfly. All rights reserved.