OVERVIEW
These Terms and Conditions (T&C) apply to the “www.blacktulipstudio.com” website ("the Website”), provided by Black Tulip Retail Ltd. ("Black Tulip”/ “we”/ “us”). Please read these Terms carefully before using the Website. By using the Website, you, the User ("User”/ “you”) signify your assent and agreement to be bound by these Terms.
If you do not agree to be bound by these Terms, then you may not use the Website.
GENERAL TERMS OF USE
These Terms and Conditions apply to the whole of this website, including any new features or tools that are added to the current website. Use of this Web Site is subject to the following terms and conditions:
Online customers should also refer to the Terms of Purchase and the Privacy Policy (incorporated herein by reference) before using the Website. Black Tulip Retail Ltd. may revise these Terms, with the revised Terms taking effect for all users as of the last date stated in the revised terms of use. Users are advised to consult the Terms regularly.
The Website is designed for your personal, non-commercial use only and you must not use it in any other way without our consent. Except as permitted under the applicable laws, you must not use, copy, broadcast, download, store, transmit, publish, licence or adapt in anyway www.blacktulipstudio.com or any materials or content in www.blacktulipstudio.com or the structure, overall style and program code of www.blacktulipstudio.com without our consent.
PRIVACY POLICY
For our full privacy policy please see our Privacy Policy Page
REGISTRATION
You guarantee that when you register with us as a customer, the information provided by you is true and correct. You must not impersonate any other person or entity, or use a name that you are not authorised to use. You agree that the email provided by you at the time of registration can be used as a method of communicating with you.
PURCHASING TERMS
Your contract for purchases made through www.blacktulipstudio.com is with Black Tulip Retail Ltd. and you undertake that all goods ordered by you are for your own private and domestic use only and are not for resale.
You warrant that all details you provide to www.blacktulipstudio.com for the purpose of ordering or purchasing goods are true, accurate, current and complete in all respects; and that the credit or debit card you are using is your own and that there are sufficient funds in your account to cover payment of the product(s) ordered.
All products for sale on the Website are subject to availability.
After placing an order, you will receive an email from us (sent to the email address provided when placing the order) 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 email that confirms that the Product has been dispatched (the “Dispatch Confirmation”). The contract between us (the “Contract”) will only be formed when we send you the Dispatch Confirmation.
Payments will be made as per your Selected Payment Method at the time of placing the Order, or, if using Klarna, then at the time of dispatch.
If, for any reason, including for reasons of non-availability of the product, we are unable to fulfil the order, an email will be sent to the email id provided for the order, with an option to choose a full refund, or an exchange with any other product available on the Website, or a pre-order for the purchased product. If you request a full refund, the payment will be refunded within 24 to 48 hours.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer.
PRICING
Prices of goods are subject to change without notice. Changes in price will not affect orders in respect of which we have already sent you a Dispatch Confirmation.
All prices quoted on this website are in Pounds Sterling (£), with options to view the prices in Euros, Canadian Dollars and US Dollars.
All prices displayed on the Website are inclusive of sales tax (where applicable for the UK) at the prevailing rate. For customers residing in other tax jurisdictions where VAT is not chargeable, the price displayed will be exclusive of VAT. In the event that a sale is made from one tax jurisdiction where VAT is chargeable, to another tax jurisdiction, where VAT is not chargeable, or is applicable at a nil rate or not applicable, no adjustments or reductions towards VAT will be made in the price of the product, nor will a refund of this amount be given.
A delivery charge will be added to your order value where appropriate. Please refer to the Delivery information page.
PROMOTIONS
All promotions and offers given to you by Black Tulip Retail Ltd. are valid only for use on our website, unless stated otherwise, and are subject to stock availability. Please note promotions and discounts are not applicable to sale items. Any offers may be withdrawn at any time at the discretion of Black Tulip.
In cases where an item is added to an order as part of a promotion and discounted to no value, and where the original item has qualified for a refund, the amount of the discounted item will be deducted from the refund if the same is not returned when the refund is requested.
The value of the promotional item will be provided in the confirmation email and at the time of purchase.
Any promotional items will, unless stated otherwise, have to be added or requested at the time of purchase or when adding qualifying items to the basket. No items will be automatically added, and where not requested, amendments will not be made after placing the order to update the order to include the promotional items.
Where the item included as part of the promotion is labelled as “free gift wrapping”, the option for free gift wrapping will have to be selected when adding the qualifying items to the basket, or at the time of purchase. After the order is placed, no guarantee can be made that any offer to buy a product can be changed to include the free gift wrapping. Qualifying items shall be detailed, and are subject to stock availability. Not all items can be gift wrapped and those which cannot be gift wrapped will not form part of the promotion.
PAYMENT
We accept online payment through debit card, credit card, online payment portals and Klarna, and the payment is processed immediately upon placing the order. We currently accept Mastercard, Visa, Delta and Maestro and American Express.
All payments are made through a secure gateway. Credit/Debit card details are encrypted to safeguard your details and no details are saved on any website.
All payments will be processed in Pounds Sterling (£). The conversion rate for payments made in any other currencies will be determined by the payment provider at their current exchange rate. Black Tulip Retail Ltd. can accept no responsibility for additional charges resulting from exchange rate conversions, payment in Sterling, or the exchange rate offered by the payment provider.
In cooperation with Klarna Bank AB (publ), Sveavägen 46, 111 34 Stockholm, Sweden, we offer you the following payment options. Payment can be made to Klarna in the following manners:
For further information, you can visit Klarna’s website here and access Klarnas user terms here.. Your personal data is handled in accordance with applicable data protection law and in accordance with Klarna's privacy statement.
RETURNS
For Details on Returns & Exchanges please see our Returns and Exchanges page. Free Returns and Exchanges are offered on any orders over £100. When returning a product, only the cost of the product will be refunded and not the delivery charge.
CANCELLATION OF AN ORDER
You may cancel your order placed up to the point of processing and printing by the warehouse. Upon cancellation, all payments will be fully refunded within 10 working days.
CONSUMER CONTRACTS REGULATIONS POLICY
Under the Consumer Contracts Regulations, you have the right to cancel your order from the moment you place it. This right ceases 14 days after receipt of the goods by you, your nominated neighbour, or your designated safe place.
Should your order be dispatched or in transit, cancellation prior to delivery is not possible. Instead, please adhere to our Returns Policy.
Opting to cancel your order, rather than using our returns process, necessitates your bearing the costs of returning the goods. The 'Free Returns' service is not applicable under the Consumer Contracts Regulations Policy. We shall reimburse the standard postage and packing expenses incurred in the original order (if any). If premium or express delivery was selected, reimbursement will be limited to the cost of standard delivery.
The responsibility for the goods, including return costs, rests with you until we receive them. For security, we advise insuring the return parcel for the value of the goods and retaining the Proof of Postage Receipt.
Refunds will be processed promptly, using the original payment method, within 14 days of us receiving the returned items.
Exceptions:
Please note, the right to return does not apply to products made to your specifications, clearly personalised items, or goods not reasonably cared for while in your possession.
DELIVERY
For full delivery terms please see our Delivery information
Sometimes items are offered for pre-order prior to stock arriving and we give an anticipated dispatch date on the website when you pre-order. If there are any changes in the date of dispatch or date of delivery, or any other issues with delivery, you will be informed on the email id provided at the time of pre-order.
If any item cannot be delivered within the specified delivery period, we will attempt to inform you of the reason for delay, along with a proposed delivery date, where the reasons for this are known, and the delay is realised.
Goods will be sent to the delivery address given by you when placing the order. If your delivery address is outside of the UK, then we deliver all items on a DDP (Delivered duties paid) basis for all non UK/ EU zone shipments. Where delivered by DDP, or when an order is placed in a different tax jurisdiction, then no adjustment, change or reduction is made for VAT or VAT equivalent amount.
Where no UK VAT is chargeable on a transaction we do not refund the VAT equivalent or exclude a like value from the sales price.
CONFORMITY OF GOODS
We take every care to ensure that the description and specification of our products are correct. However, specifications and descriptions of products on this website are not intended to be binding and are intended only to give a general description of the products.
Furthermore, while the colour reproduction of the products is a close representation, we cannot accept any responsibility for any variation in colour caused by the browser software or computer system used by you.
For products which are defective or not to the standard that you expect, please visit our FAQs page;for further information.
ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the website is inaccurate at any time without prior notice, including after you have submitted your order.
Black Tulip Retail Ltd. is under no obligation to update, amend or clarify information available on the website except as required by law.
DATA PROTECTION
We endeavour to comply with all applicable Data Protection laws in the UK. For more details, please see our Privacy Policy.
INTELLECTUAL PROPERTY RIGHTS
The Website, including all its contents , its style and structure and information available on this website, is either Copyright 2023 Black Tulip Retail Ltd. or is licensed for use by Black Tulip Retail Ltd. and may not be used by you except as expressly provided in this User Agreement. The authors of the documents in www.blacktulipstudio.com assert their moral rights. www.blacktulipstudio.com and Black Tulip Retail Ltd. are registered trademarks of Black Tulip Retail Ltd.
LINKS/THIRD PARTY TOOLS
The Website includes links to other internet sites. Without limiting what we say elsewhere, we make no representations or warranties about those sites or their content, nor that the links work. Black Tulip Retail Ltd. has not reviewed all of the sites linked in its Website and is not responsible for the content or accuracy of any off-site pages or any other sites linked in this Website. Your linking to any other off-site pages or other sites is at your own risk.
The Website may provide you with access to third-party tools over which we neither monitor nor have any control nor input. Access to such tools is on an ‘as is’ and ‘as available’ basis without any warranties, representations or conditions of any kind and without any endorsement. Use of the optional tools offered through the site is entirely at your own risk and discretion.
OUR LIABILITY
Since a substantial part of www.blacktulipstudio.com is both free and available to all, it is a condition that your use of www.blacktulipstudio.com is at your own risk. We shall not be liable to you or in breach of this User Agreement for any delay or failure to perform any obligation if the delay or failure is due to a cause beyond our reasonable control including, but not limited to, the blocking or restricting of information to and/or from our network. Except as expressly provided in this User agreement, we disclaim any further representations, warranties, conditions or other terms, express or implied, by statute, collaterally or otherwise, including but not limited to implied warranties, conditions or other terms of satisfactory quality, fitness for a particular purpose or reasonable care and skill. Save as provided below, we disclaim all and will not be liable in contract, tort (including, without limitation, negligence) or otherwise arising in connection with this User Agreement or the www.blacktulipstudio.com for: (i) consequential, indirect or special loss or damage; or (ii) any loss of goodwill or reputation; or (iii) any economic losses (including loss of revenues, profits, contracts, business or anticipated savings), in each case, even if we have been advised of the possibility of such loss or damage and howsoever incurred. Our maximum liability to you in contract, tort (including, without limitation, negligence) or otherwise arising in connection with this User Agreement or the www.blacktulipstudio.com shall be limited to £50. Notwithstanding any other provision of this User Agreement, we will be liable to you without limit for any death or personal injury caused by our negligence and to the extent that liability arises under Part 1 or section 41 of the Consumer Protection Act 1987 and for liability arising from statements made fraudulently by us.
We reserve the right to not provide access to this Website to any User at any time and to terminate this User Agreement at any time. If you violate the terms of this User Agreement, your right to use the Website automatically stands terminated. You may not transfer any of your rights or delegate any of your obligations under this User Agreement without our prior written consent. If we fail to enforce any provision of this User Agreement, that failure will not preclude us from enforcing either that provision (or any similar provision) on a later occasion. Nothing in this User Agreement shall confer on any third party any benefit or the right to enforce any term of the User Agreement. This User Agreement is governed by English law and any dispute connected with this agreement is subject to the exclusive jurisdiction of the English courts. Nothing in this User Agreement affects your statutory rights as a consumer.
INDEMNIFICATION
Users agree to indemnify, defend and hold harmless Black Tulip Retail Ltd. and its parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms and Conditions, or the documents incorporated herein by reference, or your violation of any law or the rights of a third-party.
SEVERABILITY AND WAIVER
If any provision of these Terms is illegal, invalid or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other provision of these Terms.
Failure on our part to exercise/enforce any right or provision under these Terms of Service shall not be deemed to be a waiver of the right or provision, or waiver of any other right/provision under these terms.
COMPLAINTS
If you believe that your intellectual property or other rights are being infringed by the www.blacktulipstudio.com, or if you are dissatisfied with www.blacktulipstudio.com or any aspect of our service, in the first instance please contact: customercare@blacktulipstudio.com
AUTHORISED DISCOUNT USAGE
Discounts are provided on a regular basis in good faith, to obtain the Military Discount, authorisation will be provided by Black Tulip on request from the customer and upon providing the code with proof of an existing, current and up to date Military ID.
Any unauthorised use of these Discount codes may result in the order being cancelled, and, for repeat offences, cessation of trading or supply of goods with the offending individual and all their known aliases.
COMPETITIONS
Competitions are open to residents of the United Kingdom aged 18 years or over except employees of Black Tulip Retail Ltd. and their close relatives and anyone otherwise connected with the organisation or judging of the competition. There is no entry fee and no purchase necessary to enter competitions. By entering this competition, an entrant is indicating his/her agreement to be bound by these terms and conditions. Only one entry will be accepted per person. Multiple entries from the same person will be disqualified. Closing date for entries will be shown on the post of the competition. After this date no further entries to the competition will be permitted. No responsibility can be accepted for entries not received for whatever reason. For competitions where a partner is involved it is the entrants responsibility to check the partners terms and conditions as Black Tulip cannot be held responsible for external parties. Competition prizes cannot be exchanged for cash alternatives.
The Competitions include all social media “like” competitions.
We accept sharing on relevant Black Tulip pages/groups, however we do not accept sharing on “exchange for likes” pages/groups, and likewise, do not accept self-promotion, competitions, or "calling" for likes in order to boost a post's entry or total likes.
If anyone who has entered the competition is seen to share on these types of pages/groups, they will be disqualified and this decision is at the discretion of the Marketing Team at Black Tulip.
Black Tulip Retail Ltd does not condone the use of bullying or trolling. If anyone is found to be partaking in such activities, then they may be disqualified, or banned from groups, the page, or taking part in any competitions. This decision is at the discretion of the Marketing Team at Black Tulip.
USER COMMENTS AND FEEDBACK
If, at our request, you send certain specific submissions, or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms and Conditions.
TERMINATION
These Terms and Conditions shall be effective till such time they are terminated by us. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms and Conditions for all purposes.
We will regularly review and, where necessary, update the information. Last reviewed 30/07/2023
CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at customercare@blacktulipstudio.com
Our contact information is posted below:
Black Tulip Retail Ltd.
customercare@blacktulipstudio.com
1st Floor Kirkland House, 11-15 Peterborough Road, Harrow, United Kingdom, HA1 2AX
Company number 14569140
