Terms of supply

This page (together with the documents referred to on it) sets out the terms on which we supply to you any of the products listed on our websites www.butterfly-conservation.org, www.butterfly-conservation.myshopify.com, www.mothscount.org & www.bigbutterflycount.org.

Please read these terms carefully before ordering any Products from our site. By ordering any of our Products, you agree to be bound by these terms. We advise you to save a copy of these terms and conditions for your records (download as PDF).


1. INFORMATION ABOUT US

www.butterfly-conservation.org and www.mothscount.org are sites operated by Butterfly Conservation (we, us and our). We are registered in England under company number 2206468 with our registered office at Manor Yard, East Lulworth, Wareham, Dorset BH20 5QP.

www.bigbutterflycount.org and www.butterfly-conservation.myshopify.com are sites operated by Butterfly Conservation Trading Ltd (we, us and our). We are registered in England under company number 07166835 with our registered office at Manor Yard, East Lulworth, Wareham, Dorset BH20 5QP.

Butterfly Conservation Trading Ltd, a subsidiary company of Butterfly Conservation, is collecting donations on behalf of Butterfly Conservation the charity.

2. SERVICE AVAILABILITY

Our sites are intended for use by people resident in the United Kingdom. Although we can accept orders from individuals outside the UK for some items only, there will be additional delivery charges and you should contact us first either by phone or e-mail to discuss your order.

3. YOUR STATUS

By placing an order through any of our sites, you warrant that:

(a) You are legally capable of entering into binding contracts; and

(b) You are at least 18 years old;

(c) You are resident in one of the Serviced Countries; and

(d) You are accessing our site from that country.

4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

4.1

After placing an order, you will receive an e-mail from us acknowledging that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us and we will confirm such acceptance to you by sending you an e-mail that confirms that the Product has been dispatched (the Dispatch Confirmation). The contract between you and us (Contract) will only be formed when we send you the Dispatch Confirmation.

5. OUR STATUS

5.1

Please note that in some cases, we accept orders as agent on behalf of third parties. The resulting legal contract is between you and that third party seller, and is subject to the terms and conditions of that third party seller, which they will advise you of directly. You should carefully review their terms and conditions applying to the transaction.

5.2

We may also provide links on our sites to the websites of other companies, whether affiliated with us or not. We do not give any representation, warranty or undertaking in respect of products which you purchase from third parties through our sites or from third parties to whose website we have provided a link on our sites. This does not affect your statutory rights against the third party seller. We will notify you when a third party is involved in a transaction and may disclose your customer information related to that transaction to the third party.

6. CONSUMER RIGHTS

6.1

If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy as paragraph 10 below.

6.2

To cancel a Contract, you must inform us in writing and return the Product(s) to us immediately, in the same condition in which you received them, at your own cost and risk.

6.3

Your membership application is activated as soon as we receive your form on the website and normally there will be no refunds. However, if you have opted to take out the Life Benefactor category we will allow you to change your mind within three weeks of your application. Please notify us in writing that you wish to change your category of membership. You will then be refunded the difference between that and the ordinary membership fee plus a £10 administrative charge.

6.4

This provision does not affect your statutory rights.

7. AVAILABILITY AND DELIVERY

Your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, within 30 days of the date of the Dispatch Confirmation, (unless there are exceptional circumstances).

For further information, please refer to our Orders, Delivery & Returns Policy.

8. RISK AND TITLE

8.1

The Products will be at your risk from the time of delivery.

8.2

Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges.

9. PRICE AND PAYMENT

9.1

The price of Products will be as quoted on our site from time to time, except in cases of obvious error.

9.2

These prices include VAT and, where stated, delivery charges to the UK.

9.3

Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent a Dispatch Confirmation.

9.4

It is possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than the stated price, we will charge the lower amount when dispatching the Product to you. If a Product's correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before dispatching the Product or reject your order and let you know the reason for that.

9.5

We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Dispatch Confirmation, if the pricing error is obvious and could have reasonably been recognised as a mis-pricing.

9.6

Payments for all products in the shop are processed and secured by PayPal.

PayPal Acceptance Mark

Membership and Donation payments are processed and secured by WorldPay and the following payment methods are accepted:

  • Mastercard
  • Visa
  • Visa Delta
  • Visa Electron
  • Visa Purchasing
  • JCB
  • Maesto UK

Your debit or credit card is charged at the time you place your order.

10. OUR REFUNDS POLICY

10.1

When you return a Product to us (for instance, because you have cancelled the Contract between us, or have notified us in accordance with paragraph 20 that you do not agree to any change in these terms or because you claim that the Product is defective), we will examine the returned Product and will notify you as to your refund via e-mail within a reasonable period of time. We will usually refund any money received from you using the same method originally used by you to pay for your purchase. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we receive your cancellation or the day we confirm to you via e-mail that you are entitled to a refund.

10.2

Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges for sending the item to you and the cost incurred by you in returning the item to us.

10.3

Products returned by you within the seven-day cooling-off period (see paragraph 6.1) will be refunded in full, including the cost of sending the item to you. However, you will be responsible for the cost of returning the item to us. For further information, please refer to our Orders, Delivery & Returns Policy.

10.4

Your membership application is activated as soon as we receive your form on the website and normally there will be no refunds. However, if you have opted to take out the Life Benefactor category we will allow you to change your mind within three weeks of your application. Please notify us in writing that you wish to change your category of membership. You will then be refunded the difference between that and the ordinary membership fee plus a £10 administrative charge.

11. OUR LIABILITY

11.1

We warrant to you that any Product purchased from us through our site is of satisfactory quality.

11.2

Our liability in connection with any Product purchased through our site is strictly limited to the purchase price of that Product.

11.3

This does not include or limit in any way our liability:

(a) For death or personal injury caused by our negligence;

(b) Under section 2(3) of the Consumer Protection Act 1987;

(c) For fraud or fraudulent misrepresentation;

(d) For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

11.4

We accept no liability for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time or for any indirect or consequential loss or damage of any kind however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

11.5

If you buy any Product from a third party through our sites, that third party's liability will be as set out in its terms and conditions.

12. IMPORT DUTY

12.1

We do not normally deliver or accept orders for goods outside the UK (except for membership). However, if we do they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. We have no control over these charges and cannot predict their amount. You should contact your local customs office for further information before placing your order.

12.2

You must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable for any breach by you of any such laws.

13. WRITTEN COMMUNICATIONS

When using our sites, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

14. NOTICES

All notices given by you to us must be given to Butterfly Conservation or Butterfly Conservation Trading Ltd at info@butterfly-conservation.org. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in paragraph 13. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. 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 e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

15. TRANSFER OF RIGHTS AND OBLIGATIONS

15.1

Each Contract is binding on you and us and on our respective successors and assigns.

15.2

You may not transfer, assign or charge a Contract, or any of your rights or obligations arising under it, without our prior written consent.

15.3

We may transfer, assign or charge a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract and may sub-contract our obligations under a Contract.

16. EVENTS OUTSIDE OUR CONTROL

16.1

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 events outside our reasonable control (Force Majeure Event).

16.2

A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control.

16.3

Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

17. WAIVER

17.1

If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

17.2

No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with paragraph 14 above.

18. SEVERABILITY

If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

19. ENTIRE AGREEMENT

19.1

These terms and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any
Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

19.2

Neither of us may rely on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to a Contract except as expressly stated therein.

19.3

Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms.

20. OUR RIGHT TO VARY THESE TERMS

20.1

We have the right to revise and amend these terms from time to time.

20.2

You will be subject to the terms in force at the time that you order Products from us, unless any change to these terms is required to be made by law (in which case it will apply to orders previously placed by you) or if we notify you of the change to these terms before we send you the Dispatch Confirmation. In that case we have the right to assume that you have accepted the change to the terms unless you notify us to the contrary within seven working days of receipt by you of the Product.

21. LAW AND JURISDICTION

Contracts will be governed by English law and any dispute arising from, or related to them shall be subject to the non-exclusive jurisdiction of the courts of England.

Butterfly Conservation: Company limited by guarantee, registered in England (2206468)
Registered Office: Manor Yard, East Lulworth, Wareham, Dorset, BH20 5QP.
Charity registered in England & Wales (254937) and in Scotland (SCO39268).

Butterfly Conservation Trading Ltd is a company registered in England (07166835) and is a wholly owned subsidiary of Butterfly Conservation. Registered Office: Manor Yard, East Lulworth, Wareham, Dorset, BH20 5QP.