Please read through the following carefully before placing your order. By placing your order you are agreeing to the terms and conditions set out below. We would also like to mention that any personal information provided by you is confidential and will not be passed on to any other companies or organizations not affiliated with Berty & Gerty online.
Terms of Sale
By placing an order you are offering to purchase a product on and subject to the following terms and conditions. All orders are subject to availability and confirmation of the order price.
Despatch times may vary according to availability and any guarantees or representations made as to delivery times are limited to mainland UK and subject to any delays resulting from postal delays for which Berty & Gerty Ltd will not be responsible.
Condition of vintage clothing Items
It is accepted that garments offered are vintage items and as such have been worn and are not new unless stated. Please rememeber that these items are one of a kind garments. We will offer a detailed explanation of the each item in the description. Many of the items sold online might be over 60 years old. Please read our vintage clothing care instructions.
Description of Services.
In the Site, Berty & Gerty Ltd provides users with access to sales of vintage and new items online (the "Service"). You are responsible for obtaining access to the Site, and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Site.
License and Site Access.
Berty & Gerty Ltd grants you a limited license to access and make personal use of the Site and the Service. This license does not include any downloading or copying of account information for the benefit of another vendor or any other third party; caching, unauthorized hypertext links to the Site and the framing of any Content available through the Site uploading, posting, or transmitting any content that you do not have a right to make available (such as the intellectual property of another party); uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; any action that imposes or may impose (at Berty & Gerty Ltd sole discretion) an unreasonable or disproportionately large load on Berty & Gerty Ltd infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools. You may not bypass any measures used by Berty & Gerty Ltd to prevent or restrict access to the Site. Any unauthorized use by you shall terminate the permission or license granted to you by Berty & Gerty Ltd.
Intellectual Property, Software and Content
The copyright and other ownership rights (known as "Intellectual Property Rights") in this Website and its contents (including design, text, logos, trade names, graphics, software and any other material) are owned by Berty & Gerty Ltd. You must not yourself or allow anyone else to publish, copy, distribute or modify any of the content of this Website. Anyone may view this Website and print pages from it for personal use only, browsing our products and placing an Order with us. Any other use is strictly prohibited without our prior written consent. You must not make any copy of any material from the Website for any business related use whatsoever. Linking to our Website on other websites is at our discretion and we may require that you stop providing links to our Website at any time.
Disclaimer as to ownership of trademarks, images of personalities, third party copyright, third party trademarks and images of third party products, services and/or locations featured on this Website are in no way associated, linked or affiliated with Berty & Gerty Ltd and you should not rely on the existence of such a connection or affiliation. Any trademarks/names featured on this Website are owned by the respective trademark owners. Where a trademark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected Berty & Gerty Ltd.
Governing Law and Jurisdiction
These terms and conditions are to be construed in accordance with the laws of England and in the event of any dispute or claim associated with these terms and conditions, that dispute or claim shall be subject to the exclusive jurisdiction of the English courts.
Disclaimer of Liability
The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law Berty & Gerty Ltd and its suppliers, content providers and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect Berty & Gerty Ltdliability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
You agree to indemnify, defend and hold harmless Berty & Gerty Ltd, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.
Berty & Gerty Ltd shall have the right in its absolute discretion at any time and without notice to amend, remove or vary the Services and/or any page of this Website.
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
We operate a complaints handling procedure which we will use to try to resolve disputes when they first arise, please let us know if you have any complaints or comments.
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.