Terms & Conditions

THESE TERMS AND CONDITIONS (“TERMS”) SET OUT THE BASIS ON WHICH FLYBERY LTD (“FLYBERY”; “WE”; “US”; “OUR”) PROVIDES YOU (“YOU,”, “YOUR”) WITH ACCESS TO WWW.FLYBERY.COM (“SITE”).

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE.

IMPORTANT NOTICE: The Site permits you to browse a range of clothing and accessories (“Products”) available from a variety of online retailers (“Retailers”). We do not sell or supply any Products to you. The Products viewed on the Site are only available for purchase through the Retailer’s own website, which will be subject to the Retailer’s own terms and conditions. We are not a party to those terms and conditions for the purchase of Products.

 

TERMS OF WEBSITE USE

Please read these terms of use carefully before you start to use our Site, as these will apply to your use of our Site. We recommend that you print a copy of this for future reference.

By using our Site, you confirm that you accept these terms of use and that you agree to comply with them.

If you do not agree to these terms of use, you must not use our Site.

 

OTHER APPLICABLE TERMS

These terms of use refer to the following additional terms, which also apply to your use of our Site:

 

INFORMATION ABOUT US

The Site is operated by Flybery Ltd. We are registered in England and Wales under company number 09966013 and have our registered office at Office 7, 35-37 Ludgate Hill, London, EC4M 7JN.

We are a limited company.

 

CHANGES TO THESE TERMS

We may revise these terms of use at any time by amending this page.

Please check this page from time to time to take notice of any changes we make, as they are binding on you.

 

 

CHANGES TO OUR SITE

We may update our Site from time to time, and may change the content and Products available for browsing at any time. However, please note that any of the content on our Site may be out of date at any given time, and we are under no obligation to update it.

We do not guarantee that our Site, or any content on it, will be free from errors or omissions, including but not limited to the price and descriptions for any Products (“Price”). Since we do not sell any of the Products listed on the Site from time to time and due to the nature of the business, you acknowledge and agree that the Price advertised on the Site may vary from that specified on the Retailer website and may be subject to change.

 

 

ACCESSING OUR SITE

Our Site is made available free of charge.

We do not guarantee that our Site, or any content or Products on it, will always be available or be uninterrupted. Access to our Site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Site without notice. We will not be liable to you if for any reason our Site is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to our Site.

You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

 

NEWSLETTERS

You may sign up to our newsletter by completing your e-mail address in the box provided and providing us with your consent to deliver you our newsletters. You may withdraw this consent at any time, and we will stop sending you our newsletters. But please remember, that withdrawal of this consent shall not affect the lawfulness of processing based on consent before its withdrawal. We will use reasonable endeavours to deliver the newsletters to your e-mail address periodically at such intervals determined by us but we do not guarantee uninterrupted delivery of the newsletters. You can read more about what we send, how we protect and process your data, and about your rights in our Privacy Policy.

We hereby grant to you a non-exclusive, non-transferable and non-sublicenable licence to view and display any newsletters received on devices owned by you.

In relation to the newsletters, you shall not (i) download, store, reproduce, transmit, display, copy, sell, publish, distribute, provide access to or otherwise use any newsletter other than in accordance with these Terms; or (ii) reproduce, modify, or in any way commercially exploit any of the newsletters; or (iii) make the newsletter available on any network or otherwise use them for any unlawful purpose.

You are solely responsible for providing the means to receive the newsletters, including but not limited to the provision of appropriate devices, internet use and correct and up to date e-mail addresses. The material provided in the newsletters is provided “as is”, without warranty of any kind. In particular we do not warrant or represent that the newsletters will be accurate or error free. To the maximum extent permitted by law, we expressly exclude all representations, warranties, obligations and liabilities in connection with the newsletters and the information provided therein.

 

INTELLECTUAL PROPERTY RIGHTS

We are the owner or the licensee of all intellectual property rights in our Site, and in the material published on it.

You are expressly prohibited from:

  • reproducing, copying, editing, transmitting, uploading or incorporating into any other materials, any of the Site; and
  • removing, modifying, altering or using any registered or unregistered marks/logos/designs owned by us or our licensors (including but not limited to any Retailer’s marks, logos or designs), and doing anything which may be seen to take unfair advantage of our reputation and goodwill or could be considered an infringement of any of the rights in the intellectual property rights owned by and/or licensed to us.

 

NO RELIANCE ON INFORMATION

The content and Products on our Site are provided for general information and browsing only.

Although we make reasonable efforts to update the Products on our Site, we make no representations, warranties or guarantees, whether express or implied, that the content or Products on our Site are accurate, complete or up-to-date.

In order to purchase Products advertised on our Site from time to time, you will need to visit the Retailer’s website, which we will re-direct you to when you click on the relevant link. We have no control over the Retailer’s website and use of the Retailer’s website will be subject to the Retailer’s own terms of use.

You may add Products to your “WishList”, but you will be directed to the relevant Retailer website for checkout and payment to complete your transaction.

We make no warranties and assume no responsibility for verifying the credentials, standards or reputation of a Retailer or any Products advertised on our Site, including but not limited to price, description, quality and/or delivery of the Products. You acknowledge and agree that it is your entire responsibility to carry out whatever enquiries you deem necessary to verify whether or not to purchase Products from the applicable Retailer and/or that any information provided and/or communicated to you by a Retailer (whether through the Site or otherwise) is true, accurate, complete and up-to-date.

In the event there is a dispute between you and any Retailer, or if the Products are not provided to your satisfaction, you acknowledge and agree that we shall not be liable to you for any loss or damage suffered by you as a result of any such Products. WE SHALL NOT BE LIABLE TO YOU FOR ANY LOSSES OR DAMAGES SUFFERED OR INCURRED BY YOU ARISING OUT OF OR IN CONNECTION WITH ANY ACT OR OMISSION OF A RETAILER, OR ANY DISPUTE BETWEEN YOU AND A RETAILER.

We have no control over the contents of those third party sites or resources.

 

LIMITATION OF OUR LIABILITY

Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our Site or any content on it, whether express or implied.

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

•       use of, or inability to use, our Site; or

•       use of or reliance on any content displayed on our Site.

We only provide our Site for domestic and private use. You agree not to use our Site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any content on it, or on any website linked to it.

We assume no responsibility for the content of websites linked on our Site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.

 

VIRUSES

We do not guarantee that our Site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform in order to access our Site. You should use your own virus protection software.

You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offense under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.

 

LINKING TO OUR SITE

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part or that of the Retailers where none exists.

You must not establish a link to our Site in any website that is not owned by you.

Our Site must not be framed on any other site, nor may you create a link to any part of our Site other than the home page (where permitted by us).

We reserve the right to withdraw linking permission without notice.

If you wish to make any use of content on our Site, please contact contact@flybery.com

 

GENERAL

Nobody else has any rights under these Terms. These Terms are between you and us. No other person shall have any rights to enforce them.  

If a court finds part of these Terms illegal, the rest will continue in force. Each of the clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.  

Even if we delay in enforcing these Terms, we can still enforce it later. 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. 

Only these Terms apply. These Terms and any document expressly referred to in them represent the entire agreement between you and us in respect of your use of the Site, and shall supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing.

Which laws apply to these Terms and where you may bring legal proceedings. These terms of use, its subject matter and its formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction.

 

CONTACT US

To contact us, please email contact@flybery.com

Thank you for visiting our Site.