TERMS & CONDITIONS

In using this website, you are deemed to have read and agreed to the following terms and conditions: The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We” and “Us”, refers to our Company; Humingbird Llc, Registered in USA. Located at HUMINGBIRD LLC,228 PARK AVE S NUM 193919, NEW YORK, NY 10003. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing English Law. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Our Returns Policy applies to all purchases made on HUMINGBIRD LLC and are incorporated by reference in these Terms.

Returns Policy

1. If you are not entirely satisfied with the product purchased, you can return within the ‘cooling off’ period of 30 days (USA)/40 days (International) for a refund.

2. You may decide whether to return an item to us for a refund but your return must be post-marked (in the mail) within 30 days (USA)/40 days (International) of receiving your order. The value of the refund is limited to the total cost of the returned item(s).

3. If you wish to return a Product to us, either under the rights provided by the Regulations or if you believe the Product is damaged or is the subject of a fault, and you are relying upon your statutory rights and/or you believe that the Product is covered by our warranty, you should not make further use of the Product. Use of the product can in circumstances outside of the Regulations lead to a reduction in the amount of refund you may be entitled to.

4. To initiate a return within 30 days (USA)/40 days (International) of the receipt of your goods, the following process must be followed:

1. To initiate a return within 30 days (USA) or 40 days (International) of the receipt of your goods,

2. Return all original packaging,

3. Address your package after receiving details from us as to the returns address.

4. Contact us if your item is faulty/wrong.

5. Quality checking/assessment will take place once the item(s) are received.

6. Once received and checked you will receive an email (quoting your Returns reference number) which will confirm any further course of action if necessary.

7. We will refund any money received from you equivalent to the full cost of the item(s)

Refunds can only be issued using the same method originally used by you to pay for your purchase (i.e. Card, Paypal, Klarna, Mobile Wallet).

1. Deliveries are made to the delivery address given at time of order.  Customer accepts full responsibility for ensuring accuracy of information provided.

2. You accept and agree that we will not be held liable for deliveries that are delayed.

3. You accept and agree that we will not be held liable for deliveries that go missing. However we will make like for like replacements if a delivery goes missing due to the fault of a 3rd party (i.e. courier) after a sufficient time period has elapsed and after you agree to assist us in any subsequent investigations for compensation from said 3rd party.

5. We do not deliver to PO Box or hotel addresses.

6. As stated in Clause 10 within this Agreement, we will only refund outbound postage costs for the least expensive common/standard delivery method.  The cost of expedited and priority services will not be refunded over and above that of the least expensive common/standard delivery method.

7. Premium Delivery is only eligible for deliveries to the USA. It costs $9.99 per year for unlimited Next Day Delivery for USA customers. You will pay a one-off sum of $9.99 for the year and this will not automatically renew. Once the year has ended, you will need to re-purchase Premium Delivery for $9.99 to receive another year of unlimited Next Day delivery. You must be signed in to your Oh Polly account to purchase Premium Delivery and for it to apply to future orders once purchased. You will not have access to this if you check out as a guest on the website. Premium Delivery will only appear on your account once your first order, with the $9.99 shipping fee, has been dispatched. The Premium Delivery Next Day cut-off time is 10pm  Monday – Friday and 2.30pm Saturday – Sunday, so any orders placed after this time will be dispatched the following day. If you have purchased Premium Delivery, this option will appear at checkout for free. You will need to select this delivery method for it to apply. It will not automatically apply at checkout. During busy periods we won’t be able to guarantee next day delivery. This very rarely happens but when it does, there will always be a free delivery option available.

8. For delivery to the EU, orders will be sent using an enhanced Delivered at Place service (“eDAP”). This will ensure customers do not need to complete any paperwork or pay additional duties or taxes to receive their orders.

9.Our shipping and delivery policy ensures that customers receive their products within 5-7 days from the day the order is placed. We strive to deliver your items promptly and efficiently to ensure a smooth shopping experience.

1. Orders placed by you on the website www.clothsy.shop (the “Website”) for the products offered by us through the website are only an offer to conclude a sales contract. The sales contract is entered into upon the confirmation of the order by e-mail by us to you.

2. You are the individual or individuals placing the order (‘you’, ‘your’). You must be 18 years or over to enter into a contract with us by placing an order with us, you confirm that you are 18 years or over.

3. If you are not yet 18, you agree that you have obtained the bill payer’s permission to enter in to a contract with us.

4. This contract is between you and us. No other person shall have any rights to enforce any of its terms. Neither party will need to get the agreement of any other person in order to end the contract or make any changes to these terms.

1. Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. Please carefully check your order at each page of the order process.

2. After you have placed 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.

3. We will confirm our acceptance to you by sending you an e-mail that confirms that the Products have been dispatched (“Dispatch Confirmation”). The Contract between us will only be formed when we send you the Dispatch Confirmation.

4. If we are unable to verify the delivery or payment information you have supplied we may restrict delivery to the address to which your credit or debit card is registered.

1. We accept all major credit cards (American Express / MasterCard / Visa) debit cards (Solo / Maestro / Visa Debit / Visa Delta / Visa Electron) and PayPal payments.

2. Your credit card or other account detailed at 4.1 above will be debited when you click on the “confirm” button.

3. Any credit card used for payment must be in the name of the person ordering and the same card must be carried at the time of delivery – it may be required for verification and obtaining signature on a credit card charge form for delivery.

4. All payments are processed through third party payment gateways using PCI Encryption. We do not store credit card details nor do we share customer details with any 3rd parties.

1. We accept all major credit cards (American Express / MasterCard / Visa) debit cards (Solo / Maestro / Visa Debit / Visa Delta / Visa Electron) and PayPal payments.

2. Your credit card or other account detailed at 4.1 above will be debited when you click on the “confirm” button.

3. Any credit card used for payment must be in the name of the person ordering and the same card must be carried at the time of delivery – it may be required for verification and obtaining signature on a credit card charge form for delivery.

4. All payments are processed through third party payment gateways using PCI Encryption. We do not store credit card details nor do we share customer details with any 3rd parties.

1. This warranty is valid only to the original purchaser when a new piece is purchased from us.

2. This warranty is invalidated if you allow a third party to repair or attempt to repair any item.

3. In the event of a dispute as to the cause of damage, we reserve the right to send the Product to a mutually agreed independent third party assessor to determine the nature of the defect. Only if their judgement indicates a defect in material or workmanship will we repair the item.

4. This warranty does not cover expenses incurred by you due to a lack of proper care of your product.

5. Please keep your proof of purchase documents – they will be required for in order to procure warranty service in the event you wish to make a warranty claim.

6. Please notify HUMINGBIRD LLC within 30 days of purchase in the event that you wish to claim a replacement for a defect.

1. As a condition of use of this Website, you agree to indemnify us from and against any and all liabilities, expenses (including legal fees) and damages arising out of claims resulting from your use of this Website, including without limitation any claims alleging facts that if true would constitute a breach by you of these terms and conditions.

2. Subject to the following sub clauses, in no event shall the aggregate liability of any party to the other (whether it contract, tort (including negligence) or otherwise) and in respect of all claims, losses and damages arising under or in connection with these Terms and Conditions:

1. Provided that this shall be subject to an overall limit of the total amount paid to HUMINGBIRD LLC under a confirmed order in respect of any and all claims, losses and damages arising under or in connection with these terms and conditions.

2. The above limits on liability shall apply in respect of (any indemnities provided by either party under this Agreement, including without limitation to the indemnities under clauses 12 Intellectual Property)

3. Each party’s liability to the other in contract, tort (including negligence), misrepresentation (whether innocent or negligent), breach of statutory duty or otherwise arising out of or in connection with these terms and conditions shall not extend to any:

1. loss of profits;

2. loss of business opportunity;

3. loss of goodwill;

4. loss of data;

5. loss of anticipated savings; or

6. any special, indirect or consequential loss or damage whatsoever.

4. The parties agree that the limitations on liability within these terms and conditions are reasonable given their respective commercial positions and ability to purchase relevant insurance in respect of risks.

5. Notwithstanding the above or other limitations and exclusions of liability set out in these terms and conditions, neither party excludes or limits any liability for:

1. fraud or fraudulent misrepresentation; or

2. any other liability to the extent the same cannot be excluded or limited by law.

1. This website and its content is copyright of Oh HUMINGBIRD LLC. All rights reserved.

2. © 2024-2025, HUMINGBIRD LLC , the HUMINGBIRD LLC  trade marks or registered trade marks in the United States and certain other countries and are used under license. All rights reserved.

1. These Terms and Conditions and your use of this site will be governed by and construed in accordance with US Law.

Please note that nothing contained in these Terms and Conditions of Sale in any way affects your statutory rights.