1. All order s have to be received in writing signed by an authorised person. Your order brings into existence a legally binding contract between us. We will process your order and send an order confirmation together with a proforma invoice. You will be required to pay extra for delivery unless otherwise stated. You will be provided with the total price of the transaction including postage and packing before you complete your purchase.
2.
We must receive payment of the whole of the price for the goods
that
you order before your order is dispatched. Once payment has been
received by us we will deliver the goods to the delivery address
provided by you. Our acceptance of your order brings into existence a
legally binding contract between us.
2.1
The prices payable for goods that you order are as set out in our
website and all prices are quoted in pounds sterling.
3. Right For You To Cancel Your Contract
3.1
You may cancel your contract with us for the goods that you order at
any time up to the day you
received our order confirmation. You do not need to give us any reason for
cancelling your contract, nor will you have to pay any penalty.
3.2 To cancel your contract you must notify
us in writing. This should be submitted in written form and posted to
us or by e-mail.
4. Cancellation By Us
4.1 We reserve the right to cancel the contract between us if:
4.1.1 we have insufficient stock to deliver the goods that you have ordered;
4.1.2 we do not deliver to your area; or
4.1.3 one or more of the goods that you ordered was listed at an
incorrect price due to a typographical error or an error in the pricing
information.
4.2 If we do
cancel your contract we will notify you by e-mail.
5. Delivery of Goods to You
5.1 We will deliver the goods ordered by you to the
address that you give us for delivery at the time you make your order.
5.2
Delivery will be made as soon as possible although any date or
period
for delivery should be as indicative only. If a product is in
stock we
aim to send to your specified delivery address within 10 working days
after sending our order confirmation. If any item is not in
stock we will contact you and will send the item seperately once
available. If we
cannot dispatch an ordered item to you we will notify
you and at your request we will refund your money
in full.
5.3 You will become the owner of the goods that you
have ordered when they have been delivered. Once goods have been
delivered to you they will be held at your own risk and we will not be
liable for their loss or destruction.
5.4 We will not be responsible for delays in the delivery caused by any third party.
6. Liability
6.1
If the goods that we deliver are not what you ordered or are damaged
or defective or the delivery is of incorrect quantity, we shall have no
liability to you unless you notify us in writing at our contact address
of the problem within 3 working days of the delivery of the goods in
question. Our address for contact and returned products is:
ECO KIDS, 6 Field Park, Warfield Green, Bracknell, RG12 2DZ
6.2
If you do not receive goods ordered by you within 28 days of the date
on which you ordered them, we shall have no liability to you unless you
notify us in writing at our contact address of the problem within 40
days of the date on which you ordered the goods. If you notify a
problem to us under this condition, our only obligation will be, at
your option;
6.2.1 to make good any shortage or non-delivery;
6.2.2 to replace or repair any goods that are damaged or defective; or
6.2.3 to refund you the amount
paid by you for the goods in question in whatever way we chose.
6.3
Save as precluded by law, we will not be liable to you for any
indirect or consequential loss, damage or expenses (including loss of
profits, business or goodwill) howsoever arising out of any problem
that you notify to us under this condition and we shall have no
liability to pay any money to you by way of compensation other than to
refund to you the amount paid by you for the goods in question under
Clause 6.2.3 above.
6.4 You must observe and comply with all
applicable regulations and legislation including obtaining all
necessary customs, export or other permits to purchase goods from our
site. The exportation of certain of our goods to you
may be prohibited by certain national laws. We make no representation
and accept no liability in respect of the export of the goods
you purchase.
6.5 Notwithstanding the foregoing, nothing in
these terms and conditions is intended to limit any rights that you
might have as a consumer under applicable local law or other statutory
rights that may not be excluded nor in any way to exclude or limit our
liability to you for any death or personal injury resulting from our
negligence.
7. Events Beyond our Control
We
shall have no liability to you for any failure to deliver goods you
have ordered or any delay in doing so or for any damage or defect to
goods delivered that is caused by any event or circumstance beyond our
reasonable control including, without limitation, strikes, lock-outs
and other industrial disputes, breakdown of systems or network access,
flood, fire, explosion or accident.
8. Invalidity
If
any part of these terms and conditions is unenforceable (including any
provision in which we exclude our liability to you) the enforceability
of any other part of these conditions will not be affected.
9. Privacy
You acknowledge and agree to be bound by the terms of our privacy policy.
10. Third Party Rights
Except
for our affiliates, directors, employees or representatives, a person
who is not a party to this agreement has no right under the UK
Contracts (Rights of Third Parties) Act 1999 to enforce any term of
this agreement but this does not affect any right or remedy of a third
party that exists or is available apart from that Act.
11. Governing Law
The
contract between us shall be governed by and interpreted in accordance
with English Law and the English Courts shall have jurisdiction to
resolve any disputes between us.
12. Entire Agreement
These
terms and conditions, together with our current website prices,
delivery details, contact details and privacy policy, set out the whole
of our agreement relating to the supply of the goods to you by us.
Nothing said by any sales person on our behalf should be understood as
a variation of these terms and conditions or as an authorised
representation about the nature or quality of any goods offered for
sale by us. Save for fraud or fraudulent misrepresentation, we shall
have no liability for any such representation being untrue or
misleading.