Terms & Conditions of Sale
This page tells you information about us and the legal terms and conditions (" Terms") that apply to the products (" Products") listed on our website. These Terms are only available in English and will apply to any contract between us for the sale of Products to you (" Contract").
Please read these Terms carefully before ordering any Products from our website. Please note that by ordering any of our Products, you agree to be bound by these Terms. We will keep a record of all Contracts, which are available on request.
You may only purchase Products from our website if you are at least 18 years old, or are doing so on behalf of a business. If you are under the age of 18 or cannot lawfully enter into a contract, please ask your parent or guardian to review these Terms, and register and / or place an order on your behalf.
If you refuse to accept these Terms, you will not be able to order any Products from our website. You should print a copy of these Terms, or save them to your computer, for future reference.
1. Information about Allbirds
We operate allbirds.eu and related properties (the " website"). We are Allbirds B.V., a leader in sustainable innovation. If you need it, our company number is 859882329 and our registered office is 730 Montgomery St. San Francisco, CA 94111. All references in this policy to "Allbirds", "our", "us" or "we" refer to Allbirds B.V. or our group companies and suppliers which provide services to us, as appropriate. All references in this policy to "our websites" are a reference to the websites owned by Allbirds.
To contact us, please see our Contact Us page.
2. Our Products
The images of the Products on our website are for illustrative purposes only. Although Allbirds has made every effort to display the colours accurately, we cannot guarantee that your device's display of the colours accurately reflects the colour of the Products. Your Products may vary slightly from those images.
Although Allbirds have made every effort to be as accurate as possible, all sizes and measurements indicated on our website are approximate. Unless otherwise stated, sizes indicated are UK sizes.
Allbirds reserve the right to change the assortment of Products offered and to limit the quantity of Products that may be purchased at any time, without prior notice.
All Products shown on our website are subject to availability. We will inform you by email as soon as possible if the Product you have ordered is not available and we will not process your order.
1.3. 3. Use of Our Website
4. How We Use your Personal Information
5. Allbirds' Obligations to you
Allbirds is under a legal duty to supply Products which conform with a Contract, including that the Products are as described and match information we provided to you and any model seen or examined by you, are of satisfactory quality and are fit for any particular purpose made known to us. Nothing in these Terms will affect these legal rights. Advice about your legal rights as a consumer is available from your local Citizens' Advice Bureau or Trading Standards office.
6. How the Contract is Formed Between you and Allbirds
Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
After you place an order, you will receive an email from Allbirds acknowledging that we have received your order. We will confirm our acceptance to you by sending you a confirmation email that confirms that the Products have been ordered. The Contract between us will only be formed when we send you the confirmation email.
If we are unable to supply you with a Product, for example because that Product is not in stock or no longer available, or because of an error in the price on our website, we will inform you of this by email and we will not process your order. If you have already paid for the Products, we will refund you the full amount as soon as possible.
7. Your Right of Return and Refund
You have the right to cancel a Contract during the period set out below. This means that during that period, if you change your mind, or for any other reason you decide you do not want to keep a Product, you can notify us of your decision to cancel the Contract and receive a refund.
Your right to cancel a Contract starts from the date of the email confirmation, which is when the Contract between us is formed. You then have a period during which you may cancel a Contract and return the Product, and that period continues until the end of 30 days starting from the day after you receive the Products. Products must be returned to us and accompanied by the invoice we sent you.
To cancel a Contract, please complete the Allbirds Exchanges and Returns Form.
You also have the option of using the EU model cancellation form. You may wish to keep a copy of your cancellation notification for your own records. Your cancellation is effective from the date you sent us the email or posted the letter to us, as long as you sent it during the cancellation period.
If you exercise your right to cancel, you will receive a full refund of the price you paid for the Products and any applicable delivery charges you paid for. We will process the refund due to you as soon as possible and in any case within 30 days from the day we receive the Products back, or you provide evidence that you have returned them. We will make the refund using the same means of payment as you used for the initial purchase, unless you expressly agree otherwise, and you will not incur any fees for receiving that refund.
As a consumer, you will always have legal rights regarding cancellation in relation to Products that are faulty or not as described. These legal rights are not affected by anything in these Terms. Advice about your legal rights is available from your local Citizens' Advice Bureau or Trading Standards Office.
Your order will be fulfilled by the estimated delivery date set out in the email confirmation, unless there is an event outside our control. If we are unable to meet the estimated delivery date because of an event outside our control, we will contact you with a revised estimated delivery date.
Delivery will be completed when we deliver the Products to the address you gave us.
The Products will be your responsibility from the completion of delivery.
You own the Products once we have received payment in full, including all applicable delivery charges.
Please note that there are a small number of postcodes, usually in remote rural areas, to which we may not be able to deliver within the provided timescale. If you have any queries regarding your order, please email@example.com.
9. Delivery Charges
You will not be charged for standard delivery and all other delivery charges will be made known to you as part of our order process and are as quoted from time to time.
10. Prices and Promotions
The prices of the Products will be as quoted on our website from time to time. We take all reasonable care to ensure that the prices of the Products are correct at the time of publication.
Any changes in price will not affect any order which we have confirmed with an email confirmation.
The price of a Product includes VAT at the applicable current rate chargeable for the time being, and all other applicable taxes.
The price of a Product does not include any applicable delivery charges.
Our website contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our website may be incorrectly priced. If we discover an error in the price of the Products, we will inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price.
Allbirds reserves the right to alter the terms or duration of any special offers or sale promotion. From time to time our retail stores may run special local promotions on our Products (which may not be available on our website) or we may offer special promotions on our website that are not available in our retail stores. For these reasons you may sometimes find that Products on our website are priced differently to those in our retail stores.
Payment must be made by one of our accepted payment methods which will be made known to you.
Should you be paying by credit or debit card, your bank may place a pending hold on these funds. This is out of the control of Allbirds. This payment will be released when payment for your order is requested by Allbirds.
If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a result of our breach of these Terms or our negligence and that is causally related to the event giving rise to our liability.
We only supply the Products for domestic or private use. You agree not to use a Product for any commercial, business or resale purpose, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors, for fraud or fraudulent misrepresentation, for intent or gross negligence, for breach of your legal rights in relation to the Products (including the right to receive Products which are as described and match information we provided to you and any sample or model seen or examined by you, of satisfactory quality, and fit for any particular purpose made known to us) and for defective products under the Consumer Protection Act 1987.
13. Event Outside Our Control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an event outside our control. An event outside our control means any act or event beyond our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic, or other natural disaster, or failure of public or private telecommunications networks, or impossibility of the use of shipping, aircraft, motor transport or other means of public or private transport.
If an event outside our control takes place that affects the performance of our obligations under a Contract:
(a) We will contact you as soon as reasonably possible to notify you; and
(b) Our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the event outside our control. Where the event outside our control affects our delivery of Products to you, we will arrange a new delivery date with you after the event outside our control is over.
14. Communications Between Us
When we refer in these Terms to "in writing," this will include email.
(a) If you wish to contact us in writing for any other reason, you can send an email to firstname.lastname@example.org. You also contact us using our Customer Services telephone line.
(b) And if we have to contact you or give you notice in writing, we will do so by email or by pre-paid post to the address you provide to us in your order.
15. Changes to these Terms
(a) The Products;
(b) Relevant laws or regulatory requirements; or
(c) Security, technical or operational issues.
We will do our best to resolve any complaints or disputes over these Terms.
Please submit your complaint or claim to us at: email@example.com. We aim to respond within 72 hours.
If we are unable to resolve the issue, and you are a consumer, you can submit your complaint or claim to the European Commission Online Dispute Resolution platform: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show
17. Other Important Terms
We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
A Contract is between you and us. No other person shall have any rights to enforce any of its terms.
Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
18. If You Are a Business
If you are a business, the following terms apply instead of the corresponding terms above).
Liability (applying instead of clause 12):
We only supply the Products for internal use by your business, and you agree not to use the Product for any resale purposes.
We do not limit in any way our liability for:
- Death or personal injury caused by our negligence;
- Defective products under of the Consumer Protection Act 1987;
- Fraud or fraudulent misrepresentation;
- Intent or gross negligence; or
- Breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession).
We will under no circumstances be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise arising under or in connection with the Contract for:
- Any loss of profits, sales, business or revenue;
- Business interruption;
- Loss or corruption of data, information or software;
- Loss of anticipated savings;
- Loss of business opportunity, goodwill or reputation; or
- Any indirect or consequential loss or damage.
Our total liability to you in respect of other losses arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the purchase price of the Products.
Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Products. Any representation, condition or warranty that might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Products are suitable for your purposes.
Communications Between Us (applying instead of clause 14)_:_
When we refer in these Terms to "in writing," this will include email.
Any notice or other communication given by you to us, or by us to you, under or in connection with the Contract shall be in writing and shall be delivered personally, sent by pre-paid first class post or other next working day delivery service, e-mail, or posted on our website.
A notice or other communication shall be deemed to have been received: if delivered personally, when left at our registered office; if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second Business Day after posting; if sent by e-mail, one Business Day after transmission; or, if posted on our website, immediately.
In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
Other Important Terms (applying instead of paragraph 6 of clause 17)_:_
These Terms, their subject matter and formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.