(Please scroll down for Terms & Conditions and Cookies)
There’s a lot of information here but we want you make sure you’re fully informed about your rights and how Cockatoo uses your data.
We hope the following notice will answer any questions you have but, if not, please do give us a call.
Two Cockatoos Limited
74 High Street
Tel: 01256 704 562
You have the right to make a complaint at any time to the Information Commissioner's Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.
3.1 This version was last updated on 24/05/2018.
It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.
4. WHEN DO WE COLLECT PERSONAL DATA FROM YOU
4.1 We may collect and process the following data about you:
· When you make an online purchase
· When you purchase a product in store or by phone
· When you order a brochure from us
· When you sign up for our email newsletter
· When you engage with us on social media
· When you contact us by any means with queries, complaints, etc
· When you enter prize draws or competitions
· When you complete any surveys we send you
· When you comment on or review our products and services
· When you've given a third party permission to share with us information they hold about you
· We collect data from publicly-available sources when you have given consent to share information or where the information is made public as a matter of law
· When you apply for a trade account with us through our website, over the phone and in-store
5. PERSONAL DATA WE MAY COLLECT FROM YOU
5.1 Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).
We may collect, use, store and transfer different kinds of personal data about you which we have grouped together follows:
· Identity Data including first name, last name, title.
· Contact Data including billing address, delivery address, email address, telephone numbers. We will also collect your social media username, if you interact with us through those channels.
· Financial Data including bank account and payment card details
· Transaction Data including details about payments to and from you and other details of products you have purchased from us
· To deliver the best possible web experience, we collect Technical Data including internet protocol (IP) address, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access our website.
· Profile Data including purchases or orders made by you, your interests, preferences, feedback and survey responses.
· Marketing and Communications Data includes your preferences in receiving marketing from us and our third parties and your communication preferences.
We do not collect any Special Categories of Personal Data about you (this includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data). Nor do we collect any information about criminal convictions and offences.
Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.
6. HOW AND WHY WE USE YOUR PERSONAL DATA
6.1 We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:
· Where we need to perform the contract we are about to enter into or have entered into with you.
· Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
· Where we need to comply with a legal or regulatory obligation.
o Legitimate Interest means the interest of our business in conducting and managing our business to enable us to give you the best service/product and the best and most secure experience. We make sure we consider and balance any potential impact on you (both positive and negative) and your rights before we process your personal data for our legitimate interests. We do not use your personal data for activities where our interests are overridden by the impact on you (unless we have your consent or are otherwise required or permitted to by law). You can obtain further information about how we assess our legitimate interests against any potential impact on you in respect of specific activities by contacting us
o Performance of Contract means processing your data where it is necessary for the performance of a contract to which you are a party or to take steps at your request before entering into such a contract.
o Comply with a legal or regulatory obligation means processing your personal data where it is necessary for compliance with a legal or regulatory obligation that we are subject to.
6.2 Generally we do not rely on consent as a legal basis for processing your personal data other than in relation to sending third party direct marketing communications to you via email or text message.
If you wish to change how we use your data, see 10. How long will you keep my data for? for more information. Remember, if you choose not to share personal data with us, or refuse certain contact permissions, we might not be able to provide some services you asked for.
Examples of how we use information held about you include:
· To process any orders that you make on our website or in store. If we don't collect your personal data during checkout, we won't be able to process and deliver your order and comply with legal obligations. For example, your details may need to be passed to a third party to supply or deliver the product or service that you ordered, and we may keep your details for a reasonable period afterwards in order to fulfil any contractual obligations such as refunds, guarantees and so on.
· To respond to your queries, refund requests and complaints. Handling the information you send enables us to respond. We may also keep a record of these to inform any future communication with us and to demonstrate how we communicated with you throughout. We do this on the basis of our contractual obligations to you, our legal obligations and our legitimate interests in providing you with the best service and understanding how we can improve our service based on your experience.
· To process payments and to prevent fraudulent transactions. We do this on the basis of our legitimate business interests. This also helps to protect our customers from fraud.
· To send you relevant communications by email or post in relation to updates, products and services. We'll do this on the basis of our legitimate business interest. You are free to opt out of hearing from us by email or post at any time. For information on how to opt out go to section 11. What are your rights over your personal data?
· To administer any of our prize draws or competitions which you enter
· To develop, test and improve the systems, services and products we provide to you. We'll do this on the basis of our legitimate business interests.
· To comply with our contractual or legal obligations to share data with law enforcement.
· To send you survey and feedback requests to help improve our services. These messages will not include any promotional content and do not require prior consent when sent by email or text message. We have a legitimate interest to do so as this helps make our products or services more relevant to you.
7. WHO DO WE SHARE YOUR DATA WITH?
7.1 We may have to share your personal data with the parties set out below for the purposes outlined in 6. How and why we use your personal data.
Examples of the kind of third parties we work with are:
· IT companies who support our website and other business systems
· Operational companies such as delivery couriers
· For fraud management, we may share information about fraudulent or potentially fraudulent activity in our premises or systems. This may include sharing data about individuals with law enforcement bodies.
· We may also be required to disclose your personal data to the police or other enforcement, regulatory or Government body, in your country of origin or elsewhere, upon a valid request to do so. These requests are assessed on a case-by-case basis and take the privacy of our customers into consideration.
We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.
In order to protect your privacy we will:
· Only provide the information necessary to perform their specific services
· Only use their data for the exact purpose we specify in our contract with them
· Work closely with them to ensure their privacy is respected and protected at all times
7.2 Sharing your data with third parties for their own purposes:
When you place an order with Cockatoo, or get in touch with us via our online contact form, we may share your details with other brands you might love who will post you the occasional brochure. We'll do this on the basis of our legitimate business interest and you will have had the opportunity to opt out of receiving these brochures from third party companies at the time of submitting your details.
Change of purpose
We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose. If you wish to get an explanation as to how the processing for the new purpose is compatible with the original purpose, please contact us.
If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.
8. INTERNATIONAL TRANSFERS
8.1 We will only transfer your data outside of the EEA in compliance with data protection laws and provided appropriate or suitable safeguards are in place to protect your data, these being either standard contractual clauses, binding corporate rules or in the case of transfers to the USA, a Privacy Shield Certification. Please contact us if you would like details of the appropriate safeguards used if we transfer your data in such circumstances
9. HOW WE PROTECT YOUR DATA
9.1 The security of your personal data is very important to us and we are committed to treating it with the utmost care, taking all appropriate steps to protect it.
We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality. Access to your personal data is password-protected, and sensitive data (such as payment card information) is secured and encrypted to ensure it is protected.
We secure access to all transactional areas of our websites and apps using 'https' technology.
We regularly monitor our system for possible vulnerabilities and attacks, and we carry out penetration testing to identify ways to further strengthen security.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.
10. HOW LONG WILL YOU KEEP MY DATA FOR?
10.1 We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
To determine the appropriate retention period for personal data, we consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorised use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means, and the applicable legal requirements. At the end of that retention period, your data will either be deleted completely or anonymised, for example by aggregation with other data so that it can be used in a non-identifiable way for statistical analysis and business planning.
11. WHAT ARE YOUR RIGHTS OVER YOUR PERSONAL DATA?
11.1 Under certain circumstances, you have rights under data protection laws in relation to your personal data.
You have the right to:
Request access to your personal data (commonly known as a "data subject access request"). This enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
Request correction of the personal data that we hold about you. This enables you to have any incomplete or inaccurate data we hold about you corrected, though we may need to verify the accuracy of the new data you provide to us.
Request erasure of your personal data. This enables you to ask us to delete or remove personal data where there is no good reason for us continuing to process it. You also have the right to ask us to delete or remove your personal data where you have successfully exercised your right to object to processing (see below), where we may have processed your information unlawfully or where we are required to erase your personal data to comply with local law. Note, however, that we may not always be able to comply with your request of erasure for specific legal reasons which will be notified to you, if applicable, at the time of your request.
Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) and there is something about your particular situation which makes you want to object to processing on this ground as you feel it impacts on your fundamental rights and freedoms. You also have the right to object where we are processing your personal data for direct marketing purposes. In some cases, we may demonstrate that we have compelling legitimate grounds to process your information which override your rights and freedoms.
Request restriction of processing of your personal data. This enables you to ask us to suspend the processing of your personal data in the following scenarios: (a) if you want us to establish the data's accuracy; (b) where our use of the data is unlawful but you do not want us to erase it; (c) where you need us to hold the data even if we no longer require it as you need it to establish, exercise or defend legal claims; or (d) you have objected to our use of your data but we need to verify whether we have overriding legitimate grounds to use it.
Request the transfer of your personal data to you or to a third party. We will provide to you, or a third party you have chosen, your personal data in a structured, commonly used, machine-readable format. Note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
Withdraw consent at any time where we are relying on consent to process your personal data. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
In cases where we are processing your personal data on the basis of our legitimate interest, you can ask us to stop for reasons connected to your individual situation. We must then do so unless we believe we have a legitimate overriding reason to continue processing your personal data.
You have the right to stop the use of your personal data for direct marketing activity through all channels, or selected channels. We must always comply with your request.
If you wish to exercise any of the rights set out above or you wish ask for your information to be amended, please contact
Two Cockatoos Ltd
74 High Street
Tel : 01256 704 562
or email email@example.com
If we choose not to action your request we will explain to you the reasons for our refusal.
No fee usually required
You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.
What we may need from you
We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.
Time limit to respond
We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.
Terms & Conditions
TERMS & CONDITIONS
We may modify the TOS from time to time and your continued use of this Site (or any of our other Sites) following such change shall signify your agreement to be bound by the modified TOS.
For those persons wishing to use our services, they must read and agree to be bound by our policies relating to those services. In particular, we draw your attention to our policies relating to the terms of purchase and our terms and conditions.
Please read the TOS and check back often. If you do not agree to any change to the TOS, then you must immediately stop using the Site. Any changes made after you have placed an order will not affect that order however, unless we are required to make the change by law.
ELIGIBILITY TO PURCHASE
The purchase of merchandise through Cockatoo is strictly limited to parties who can lawfully enter into and form contracts on the Site in accordance with English law.
In order to make purchases through the Site, you will be requested to register and provide your personal details. In particular, Customers must provide their real name, phone number, e-mail address and other requested information as indicated. Furthermore, when ordering items, you will be required to provide payment details and you represent and warrant that the payment details you provide on ordering are both valid and correct and you confirm that you are the person referred to in the Billing information provided.
The Site is available only to individuals and others who meet the Cockatoo terms of eligibility, who have been issued a valid credit card by a bank acceptable to Cockatoo, whose applications are acceptable to Cockatoo and who have authorised Cockatoo to process a charge or charges on their credit card in the amount of the total purchase price for the merchandise which they purchase. Cockatoo reserves the right to restrict multiple quantities of an item being shipped to any one customer or postal address.
Moreover, by making an offer to purchase merchandise, you expressly authorise us to perform credit checks and, where Cockatoo feels necessary, to transmit or to obtain information (including any updated information) about you to or from third parties from time to time, including but not limited to your credit-card number or credit reports (including credit reports for your spouse if you reside in a community property jurisdiction), to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.
All orders are subject to acceptance and availability. If you have registered your email address for notification of the arrival of a specific product featured on our website, we will attempt to notify you by email within 48 hours of the product becoming available on the site. Please note that on occasion certain products that are in particularly high demand will sell out during this period.
Please note that items in your shopping basket are not reserved and may be purchased by other customers.
Prices shown on the site are in GBP and are inclusive of VAT.
All prices and offers remain valid as advertised from time to time. The GBP price of a product displayed on the website at the time the order is accepted will be honoured, except in cases of patent error.
Product prices are set at the beginning of each season using existing currency exchange rates. These prices remain static for the duration of the selling period, allowing for a stable environment in which customers from all over the world can shop. Customers buying from outside the UK will also incur carriage costs and any duties levied by the jurisdiction to which you have specified delivery. If you are a customer whose credit card is not denominated in Sterling, the final price will be calculated in accordance with the applicable exchange rate on the day your credit card company processes the transaction.
SALE PRICE ADJUSTMENT POLICY
Cockatoo is happy to offer a Sale Price Adjustment on items purchased up to 7 days prior to the commencement date of a sale. Please be aware that the exact style and size of an item must be available for purchase at the time your request is made before any adjustment in the sale price can be approved. All approved Sale Price Adjustments will be credited to your Cockatoo account in the form of a store credit which will be valid for 12 months.
We are unable to offer price adjustment on items originally purchased in a sale or on any special promotion items that are temporarily reduced in price. Once an item has been purchased at a discounted sale price, no price adjustment will be offered should the item be further marked-down.
By making an offer to purchase merchandise, you expressly authorise us to perform credit checks and, where Cockatoo feels necessary, to transmit or to obtain information (including any updated information) about you to or from third parties from time to time, including but not limited to your credit-card number or credit reports (including credit reports for your spouse if you reside in a community property jurisdiction), to authenticate your identity, to validate your credit card, to obtain an initial credit card authorisation and to authorise individual purchase transactions.
Furthermore, you agree that we may use Personal information provided by you in order to conduct appropriate anti fraud checks. Personal Information that you provide may be disclosed to a credit reference or fraud prevention agency, which may keep a record of that information.
ACCEPTANCE OF YOUR ORDER
Once you have made your choice and your order has been placed, you will receive an email acknowledging the details of your order. This email is NOT an acceptance of your order, just a confirmation that we have received it.
Unless you cancel your order, acceptance of your order and completion of the contract between you and Cockatoo will be completed when we dispatch the goods to you. The sale contract is therefore concluded in London, England and the language of the contract is English.
We reserve the right not to accept your order in the event, for example, that we are unable to obtain authorisation for payment, that shipping restrictions apply to a particular item, that the item ordered is out of stock or does not satisfy our quality control standards and is withdrawn, or that you do not meet the eligibility criteria set-out above.
Furthermore, we may refuse to process and therefore accept a transaction for any reason or refuse service to anyone at any time at our sole discretion. We will not be liable to you or any third party by reason of our withdrawing any merchandise from the Site whether or not that merchandise has been sold; removing, screening or editing any materials or content on the Site; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
Payment can be made by Visa, Visa Electron, MasterCard, American Express, Delta, and Maestro debit cards. Payment will be debited and cleared from your account upon receipt of your order by Cockatoo. You confirm that the credit/debit card that is being used is yours. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to Cockatoo, we will not be liable for any delay or non-delivery.
We take all reasonable care to make our Site as secure as we can make it. All credit card transactions on this site are processed using Datacash, a secure online payment gateway that encrypts your card details in a secure host environment. We will also give you the opportunity to securely store your credit card details on our systems. These details will be fully encrypted and only used to process card transactions which you have initiated.
To help ensure that your shopping experience is safe, simple and secure Cockatoo uses Secure Socket Layer (SSL) technology.
Furthermore, we will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorised access to any data you provide when accessing or ordering from the Site.
INSURANCE AND DELIVERY
Cockatoo insures each purchase during the time it is in transit until it is delivered to your specified delivery address. We require a signature for any goods delivered, at which point responsibility for your purchased goods passes to you. If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you accept that evidence of a signature by them (or at that delivery address) is evidence of delivery and fulfillment by Cockatoo and transfer of responsibility in the same way.
Please note that we aim to dispatch all orders within 48 hours. Estimated delivery times are to be used as a guide only and commence from the date of dispatch, Cockatoo is not responsible for any delays caused by destination customs clearance processes.
TRACKING YOUR ORDER
You can check the current status of your shipment by signing into your account and selecting ORDER STATUS. Simply type in your unique tracking number which we emailed to you, and we will track your shipment for you.
Cockatoo will store a record of your transactions for a minimum of one year.
RETURNS AND EXCHANGES
o Request a Returns Merchandise Authorization (RMA) number within seven days of receiving your order by emailing firstname.lastname@example.org
o Once you received your RMA number, any items to be returned must be sent back to us at your own expense within seven days. Any sum debited to us from your credit card will be re-credited to your account (minus shipping costs) as soon as possible and in any event within 30 days of your order PROVIDED THAT the goods in question are returned by you and received by us in the condition they were in when delivered to you. If you do not return the goods delivered to you or do not pay the costs of delivery, we shall be entitled to deduct the direct costs of recovering the goods from the amount to be re-credited to you. Refusal of delivery by the customer will also entitle Cockatoo to deduct any return postage costs and duties off the refund total.
o Parcels that are returned to us remain the customer’s responsibility (and a refund will not be given) until they are received by us. We recommend that you send your returns by recorded post and that you retain proof of postage. Goods are returned at your own risk and expense.
o Complete your returns proforma invoice with your RMA number and sign it. Please leave your package open until the driver has checked the contents.
o You will be notified by email once your return has been received and processed.
Please note we can only exchange items for a different size. When requesting your RMA, please specify the size you require. If you wish to exchange your item for an alternative style, we suggest that you return it for a store credit and purchase the new item separately. Please note that for hygiene reasons we cannot accept exchanges on earrings.
If you have received an item as a gift, you may exchange it for a store credit to your Cockatoo account (you will need to register your details). Gifts must be returned within seven working days of initial receipt. The amount is automatically deducted from your next purchase and will be valid for one year. Please be aware that you may need to pay any cost difference, additional shipping, taxes and import duties. To arrange a return, please email email@example.com
RECEIVING A REFUND
Your refund will either be credited to the original purchaser's credit card or Cockatoo account and will exclude shipping costs (with the exception of faulty items).
If your order has been sent to a destination within the EU, all VAT will be refunded. Outside the EU, customs duties and sales taxes are non-refundable through Cockatoo. However, you may be able to recover these by contacting your local customs bureau directly. Exchanges made to destinations outside of the EU will be submitted to the same customs procedures, therefore applicable for duty and tax again.
Items should be returned within seven days of receiving your RMA number.
Items must be returned in their original packaging to ensure they are adequately protected in transit.
Please note that for reasons of hygiene we cannot accept returns of earrings.
Notwithstanding anything else in these terms and conditions, we reserve the right to charge you for the cost of returning items to us.
Items should be returned new and unused, and with all Cockatoo and designer garment tags still attached. Returns that are damaged or soiled may not be accepted and may be sent back to the customer and/or a refund refused.
For reasons of hygiene, earrings cannot be returned.
Where provided, belts and any designer packaging such as authenticity cards, dust bags and leather tags should be included with your return.
All items returned should have a Return Merchandise Authorization (RMA) number which we will generate for you once we have received an email at firstname.lastname@example.org with a return request. Unidentified returns may be returned to the sender.
Items should be returned within seven days of the date of your RMA request.
Returns outside these timeframes may be accepted at the discretion of Cockatoo and depending on circumstances may only be refunded as a store credit. Please note that RMA numbers requested after seven days will also be granted at our discretion.
Goods are classified as faulty if they are received damaged, or where a manufacturing fault occurs within six months of purchase. Please note that items that are damaged as a result of wear and tear are not considered to be faulty. If you would like to exchange a faulty item, please be aware that we can only replace it for the same product in the same size, subject to availability. Where possible, we will offer to repair faulty items.
We have made every effort to display as accurately as possible the colours of our products that appear on Cockatoo. However, as computer monitors vary, we cannot guarantee that your monitor's display of any colour will be completely accurate.
INTELLECTUAL PROPERTY RIGHTS
You acknowledge and agree that all copyright, designs, trademarks and all other intellectual property and material rights relating to the Content as herein described, including Cockatoo Software and all HTML and other code contained in this Site, shall remain at all times vested in Cockatoo and/or are the property of their respective owners. All such Content, including third party trademarks, designs and related intellectual property rights mentioned or displayed on this Site are protected by national intellectual property and other laws and international treaty provisions. You are permitted to use the Content only as expressly authorized by Cockatoo and/or its third party licensors. Any reproduction or redistribution of the above listed Content is prohibited and may result in civil and criminal penalties. Violators will be prosecuted to the fullest extent permissible under applicable law. Without limiting the foregoing, copying and use of the above listed materials to any other server, location or support for publication, reproduction or distribution is expressly prohibited.
In addition to the Intellectual property rights mentioned above, Content is defined as any graphics, photographs, including all image rights, sounds, music, video, audio or text on this Site. Cockatoo tries to ensure that the information on this site is accurate and complete. Cockatoo does not warrant or represent that Cockatoo Content is accurate, error-free or reliable or that your use of Cockatoo's Content will not infringe rights of third parties. Your use of the Web Site is at your risk. Cockatoo does not warrant that the functional aspects of the Web Site or Cockatoo’s Content will be error free or that this Web Site, Cockatoo Content or the server that makes it available are free of viruses or other harmful components. If your use of this Web Site, or Cockatoo’s Content results in the need for servicing or replacing property, material, equipment or data, Cockatoo is not responsible for those costs. Without limiting the foregoing, everything on the Web Site is provided to you "AS IS" and "AS AVAILABLE" without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, reasonable care and skill, or non-infringement. Cockatoo make no warranties about Cockatoo Content, software text, downloads, graphics, and links, or about results to be obtained from using the Web Site. You bear the entire risk of the completeness, accuracy or usefulness of any Content found on this Site. Cockatoo reserves the right to withdraw, temporarily or permanently, any Content from this Site at any time and for any reason. Removal may be immediate and without notice. You confirm that Cockatoo is not liable to you or any third party for any such withdrawal.
NO COMMERCIAL USE
This Site is for your personal, non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any Content, software, products, or services contained within this Site. You may not use this Site, or any of its Content, to further any commercial purpose, including any advertising or advertising revenue generation activity on your own Site.
You agree that you will be personally responsible for your use of this Site and for all of your communication and activity on and pursuant to this Site. If we determine that you are or have been engaged in prohibited activities, were not respectful of other users, or otherwise violated the TOS, we may deny you access to this Site on a temporary or permanent basis.
We may include hyperlinks on this Site to other websites or resources operated by parties other than Cockatoo including advertisers. Cockatoo has not reviewed all of the sites linked to its Web Site and is not responsible for the content or accuracy of any off-site pages nor are we responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.
While Cockatoo will use reasonable endeavours to verify the accuracy of any information it places on the Site, it makes no warranties, whether express or implied in relation to its accuracy. This Site is provided on an "as is" and "as available" basis without any representation or endorsement made and we make no warranties of any kind, whether express or implied, in relation to this Site, or any transaction that may be conducted on or through this Site including but not limited to, implied warranties of non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.
We make no warranty that this Site will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that this Site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the materials. We will not be responsible or liable to you for any loss of Content or material uploaded or transmitted through this Site.
To the fullest extent permissible under applicable law, we disclaim any and all warranties of any kind, whether express or implied, in relation to the products available through this Site including but not limited to, implied warranties of satisfactory quality and fitness for a particular purpose. Nothing in these TOS shall limit your rights as a consumer under English law.
You acknowledge that we cannot guarantee and therefore shall not be in any way responsible for the security or privacy of this Site and any information provided to or taken from this Site by you.
You agree that, except for death and personal injury arising from our negligence, We will not be liable in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent misrepresentations) or otherwise out of or in connection with this contract, for any economic losses (including without limitation, loss of revenues, profits, contracts, business or anticipated savings), any loss of goodwill or reputation, or any special or indirect or consequential losses in any case whether or not such losses were incurred by that party arising out of or in connection with the provisions of any matter under the TOS.
We are also not responsible for failure to meet any of our obligations under the TOS where such failure is due to events which beyond our reasonable control.
You have certain rights under the law. These include, in England:
· That any products you order through this Site will be of satisfactory quality, fit for their intended purpose, and will conform to any description given on this Site;
· Certain remedies if a product is defective; and
· A right to cancel any order for a product within seven working days commencing on the day after the date on which you receive it, and receive a full refund even if it is not defective.
Nothing in the TOS is intended to affect these rights. For more information about your rights contact your local Citizens Advice Bureau or Trading Standards Bureau.
At our request, you agree fully to defend, indemnify and hold harmless Cockatoo immediately on demand, its officers, directors, agents, affiliates, licensors, and suppliers, from and against all liabilities, claims, expenses, damages and losses, including legal fees, arising from any breach of the TOS by you or any other liabilities arising out of your use of this Site, or the use by any other persons accessing this Site using your Internet account. We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you hereunder.
You acknowledge and agree that no joint venture, partnership, employment, or agency relationship exists between you and Cockatoo as a result of the TOS or your use of this Site. You agree that you may not and will not hold yourself out as a representative, agent, or employee of Cockatoo, and we shall not be liable for any representation, act, or omission on your part.
The TOS (as amended from time to time) constitutes the entire agreement between you and Cockatoo regarding your use of this Site, and supersedes any other agreement or understanding, arrangements, undertaking or proposal, written or oral, between you and Cockatoo in relation to such matters. In the event any other rules, code of conduct, or other matter posted on this Site conflicts with the terms of the TOS, the TOS shall govern. No oral explanation or oral information given by any party shall alter the interpretation of the TOS. You confirm that, in agreeing to accept the TOS, you have not relied on any representation save insofar as the same has expressly been made a representation in the TOS and you agree that you shall have no remedy in respect of any misrepresentation which has not become a term of the TOS save that your agreement contained in this Clause shall not apply in respect of any fraudulent misrepresentation whether or not such has become a term of the TOS.
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
The TOS together with all our policies and procedures will be governed by and construed in accordance with the laws of England and you irrevocably submit
WHAT ARE COOKIES?
Internet Explorer 7.x
1. Start Internet Explorer
2. Under the Tools menu, click Internet Options
3. Click the Privacy tab
4. Click the Advanced button
5. Put a check mark in the box for Override Automatic Cookie Handling, put another check mark in the Always accept session cookies box
6. Click OK
7. Click OK
8. Restart Internet Explore
Internet Explorer 6.x
1. Select Internet Options from the Tools menu
2. Click on the Privacy tab
3. Click the Default button (or manually slide the bar down to Medium) under Settings. Click OK
1. Click on the Tools-menu in Mozilla
2. Click on the Options... item in the menu - a new window open
3. Click on the Privacy selection in the left part of the window. (See image below)
4. Expand the Cookies section
5. Check the Enable cookies and Accept cookies normally checkboxes
6. Save changes by clicking Ok.
1. Click on the Tools menu in Opera
2. Click on the Preferences... item in the menu - a new window open
3. Click on the Privacy selection near the bottom left of the window. (See image below)
4. The Enable cookies checkbox must be checked, and Accept all cookies should be selected in the "Normal cookies" drop-down
5. Save changes by clicking Ok