Terms and Conditions
These terms and conditions ("Terms") apply to the sale and supply of goods (the "Goods") by Mumchkins Limited trading as Mumchkins ("the Seller") to you. The Seller recommends that you print and retain a copy of these Terms.
The Seller can be contacted at:
Mumchkins.co.uk
c/o 7 Mollison Rise
Whiteley
Hants
PO15 7JX
E-mail: customerservice@mumchkins.co.uk
PLEASE READ THE BELOW TERMS AND CONDITIONS IN FULL.
Upon registering you will be required to confirm that you have read, understood and agree with the Terms set out below by ticking the appropriate box. If you do not accept the Terms you will be able to visit our public web pages but you will not be able to purchase any Goods. If you tick the box then we will accept you as a customer and your order will be processed, your contract with the seller for the sale of goods to you on these terms will be concluded. You reaffirm your acceptance of the terms every time you enter the website.
1. Definitions
The following words and expressions have the following meanings
"Invoice"
means the invoice provided by the Seller to you and which will set out a description of the Goods to be delivered, the quantity and costs including delivery costs paid by you for the Goods;
"Registration Form"
means the application form you need to complete to become a registered user;
"you" and "your"
means you, the person entering into this contract with the Seller; and
"Web Site"
means the internet site belonging to the Seller, the address of which is www.mumchkins.co.uk.
2. General
1. No changes may be made to these Terms unless it is with the permission of the Seller. The Seller may amend these terms and will inform you when these change, They may also be extended to include other conditions applicable to specific goods or services offered by the Seller from time to time.
2. The Seller reserves the right to without notice remove, amend or vary the content of any part of the Web Site.
3. These terms constitute the entire agreement between the parties, supersede any previous agreement or understanding and may not be varied except with the prior written approval of the Seller. All other terms and conditions express or implied by statute or otherwise are excluded to the fullest extent permitted by law.
4. The Seller reserves the right to terminate the contract as set out in these Terms, by notice to you sent via e-mail, or by letter addressed to you as set out in your registration details. Termination will occur at the time the Seller transmits the message or posts the letter.
5. Any communication sent electronically by e-mail or otherwise:
1. will be deemed to have been sent once it enters a system for generating, sending, receiving, storing or otherwise processing electronic communications ("Information System");
2. will be deemed to have been received by you at the time that in a readable form it enters an Information System which is capable of access by you;
3. will be deemed have been despatched in the case of a business at its principal place of business and in the case of an individual where he or she ordinarily resides; and
4. will be deemed to have been received in the case of a business at its principal place of business and in the case of an individual where he or she ordinarily resides.
6. No failure or delay by either party in exercising its rights under the contract between the parties will be deemed to be a waiver of that right, and no waiver by either party of any breach of the contract between the parties by the other will be considered as a waiver of any subsequent breach of the same or any other provision.
7. If any provision of these Terms is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of these Terms and the remainder of the provision in question will not be affected.
8. If a dispute arises out of or in connection with these Terms, the parties will, with the help of the Centre for Dispute Resolution (CEDR) seek in good faith to resolve it by alternative dispute resolution. If the parties fail to agree terms of settlement within twenty-eight days of commencement of the procedure then either party shall have the option of commencing litigation and the parties hereby submit to the jurisdiction of the English Courts. The commencement of the procedure is defined as the commencement of the first dispute resolution meeting.
9. Every contract between you and the Seller incorporating these Terms and any agreed variations to the Terms shall be governed and construed in accordance with the law of England and Wales.
3. Site Registration
1. You can if you wish complete the registration form situated in the shopping cart prior to purchasing the Goods.
2. Please ensure that when completing the form, personal details provided by you are accurate as you confirm and undertake that all such information is true, correct and complete in all respects. You agree to notify us immediately of any changes that are relevant to your registration by informing us via e-mail at customerservice@mumchkins.co.uk
4. Use of Personal Information
1. The Seller undertakes to comply with all applicable UK data protection legislation currently in force, both in respect of the personal information supplied by you and in respect of any such personal information, which we may process.
2. You agree that:
1. The Seller may use your personal information for administration and marketing;
2. The Seller may contact you by mail, telephone or e-mail from time to time about goods and services which may be of interest to you; and
3. You have the right to apply for a copy of your information (which may be subject to payment of a small fee) and to have any inaccuracies corrected.
5. Your Order
1. You will be responsible for ensuring the accuracy of the terms and for giving any necessary information relating to the Goods for any order submitted by you, to enable the Seller to perform the contract in accordance with the Terms.
6. Goods
1. The Seller will sell and you will purchase the Goods on these Terms.
2. Changes in the specification of the Goods may be required to ensure they conform with applicable statutory or EC requirements and The Seller reserves the right to do this. Changes may also be required to the specification of Goods where they are to be supplied to the Seller's specifications, which do not materially affect their quality or performance.
7. Delivery
1. Goods will be delivered by the Seller to the place of delivery notified by you to the Seller.
2. Any dates quoted for delivery of the Goods are approximate only and the Seller will not be liable for any delay in delivery of the Goods however caused. No estimation of a delivery time will be given during any stage of the contract. The Goods may be delivered by the Seller in advance of the quoted delivery date.
3. If the Seller fails to deliver the Goods for any reason other than any cause beyond the Seller's reasonable control or your fault, and the Seller is accordingly liable to you, the Seller's liability shall be limited to the excess (if any) of the cost to you (in the cheapest available market) of similar goods to replace those not delivered over the price of the Goods.
4. If you fail to take delivery of the Goods or provide inadequate delivery instructions for delivery of the Goods (unless due to circumstances reasonably beyond your control or by reason of the Seller's fault) then, without prejudice to any other right or remedy available to the Seller, the Seller may store the Goods until actual delivery and charge you for the reasonable costs of storage; or sell the Goods at the best price readily obtainable and account to you for the excess over the price under the contract or charge you for any shortfall below the price under the contract. Customers who are accepting imported goods from Mumchkins may be liable for any local import duties that apply.
8. Pricing
1. The price of the Goods will be that quoted by the Seller. Wherea price is either unquoted or no longer valid, the price will be that listed in the Seller's price list at the date of the order acceptance.
2. The Seller reserves the right, by giving notice to you at any time before delivery to increase the price of the Goods to reflect any increase in the cost to the Seller which is due to any factor beyond the control of the Seller. This may include and is not restricted to; foreign exchange fluctuation, currency regulation, alteration of duties, significant increase in the costs of labour, any change in delivery dates, quantities or specification of the Goods which is requested by you or any delay caused by any instructions of you or failure of you to give the Seller adequate information or instructions.
3. The Seller is entitled to payment for the Goods before commencing delivery of the Goods and you will be required to provide debit/credit card/paypal details when placing an order as. Failure to do this may mean the Seller will be entitled to cancel the contract or suspend delivery of the Goods to you pending full authorised payment.
9. Promotions
Only one promotion can be used in a single order, the one of greater value would be the one applied. Promotional codes and offers are valid in conjunction with sale prices. Gift vouchers are excluded from offers.
10. Risk and Property
1. Once the Seller has tendered delivery of the Goods, risk of damage to or loss of the Goods will pass to you.
2. Notwithstanding delivery and the passing of risk in the Goods, or any other provision of the Terms, the property in the Goods will not pass to you until the Seller has received cleared funds payment in full of the price of the Goods.
11. Warranties and Liability
1. Subject to the conditions set out below the Seller warrants that the Goods will correspond with their specification at the time of delivery. If Goods are to be supplied by a Third Party, the Seller does not give any warranty, guarantee or other term as to their quality, fitness for purpose or otherwise, but will transfer the benefit of any warranty, guarantee or indemnity given by the third party supplying the Goods to the Seller.
2. Where the Goods are sold under a consumer transaction (as defined by the Consumer Transactions (Restrictions or Statements) Order 1976) your statutory rights are not affected by these Terms.
3. Subject as expressly provided in these Terms and except where the Goods are sold to a person dealing as a consumer (within the meaning of the Unfair Contract Terms Act, 1977) all warranties, conditions or other Terms implied by statute or common law are excluded to the fullest extent permitted by law.
4. The Seller shall be under no liability in respect of any defect arising from fair wear and tear, wilful damage, negligence, abnormal working conditions, failure to follow the Seller's instructions or a third party's instructions (where the Goods have been supplied by a third party to the Seller) (whether oral or in writing) misuse or alteration or repair of the Goods without the Seller's approval;
5. Any claim by you which is based on any defect in the quality or condition of the Goods or the failure of the Goods to correspond with the specification shall (whether or not delivery is refused by you) be notified to the Seller within 7 days from the date of delivery or (where the defect or failure was not apparent on reasonable inspection) within a reasonable time after discovery of the defect or failure. If delivery is not refused and you do not notify the Seller accordingly, you will not be entitled to reject the Goods and the Seller shall have no liability for such defect or failure and you will not be entitled to a refund of the price as if the Goods had not been delivered in accordance with the contract.
6. Where any valid claim in respect of any of the Goods which is based on any defect in the quality or condition of the Goods or their failure to meet specification is notified to the Seller in accordance with these terms, the Seller shall be entitled to replace the Goods (or the part in question) free of charge or, at the Seller's sole discretion, refund to you the price of the Goods (or a proportionate part of the Goods), but the Seller shall have no further liability to you.
7. Except in respect of death or personal injury caused by the Seller's negligence, the Seller shall not be liable to you by reason of any representation (unless fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the express terms of the contract, for any indirect, special or consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of the Seller, its employees or agents or otherwise) which arise out of or in connection with the supply of the Goods or their use by you, and the entire liability under or in connection with the contract shall not exceed the price of the Goods paid by you for the Goods supplied, except as expressly provided in these terms.
8. The Seller shall not be liable to you or be deemed to be in breach of the contract by reason of any delay in performing, or any failure to perform, any of the Seller's obligations in relation to the Goods, if the delay or failure was due to any cause beyond the Seller's reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond the Seller's reasonable control:
1. Act of God, explosion, flood, tempest, fire or accident;
2. war or threat of war, sabotage, insurrection, civil disturbance or requisition;
3. acts, restrictions, regulations, bye-laws, prohibitions or measures or any kind on the part of any governmental, parliamentary or local authority;
4. import or export regulations or embargoes;
5. strikes, lock-outs or other industrial actions or trade disputes (whether involving employees of the Seller or of a third party);
6. difficulties in obtaining raw materials, labour, fuel, parts or machinery;
7. power failure or breakdown in machinery.
9. For the avoidance of doubt, the company, as designated above, assumes no personal liability whatsoever in respect of any matter relating to the Goods, their delivery or any other matter.
12. Cancellation
1. You have a period of 7 days (the "Cancellation Period") within which to withdraw from the contract. The Cancellation Period begins the day after the day the Goods are delivered to you. Cancellation should be in written notice form
2. You will be responsible for the cost of returning the Goods for refund within 10 days beginning with the day written notice of cancellation is given by you to the Seller, except in cases of faulty, damaged or wrongly supplied goods. The Seller recommends that you use registered post or recorded delivery when returning the Goods.
3. The Seller will refund payment for Goods to you within 30 days commencing the day written notice of cancellation is received by the Seller. If Goods are not returned in accordance with the requirements of clause 12.2, the Seller will be entitled to deduct any reasonable costs incurred by it to collect the Goods from you from the refund due to you.
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