|Terms and Conditions...|
This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products (“Products”) listed on our website www.allergykids.co.uk (“our site”) to you. Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions. You should print a copy of these terms and conditions for future reference.
1. Information about us
1.1 www.allergykids.co.uk is a site operated by Allergy Kids Ltd (“we”). We are registered in England and Wales under company number 07507746 and with our registered office at Spectrum House, Dunstable Road, Redbourn, St. Albans, Herts, AL3 7PR.
1.2 VAT Registration Number: GB 106 5128 44.
1.3 Allergy Kids® is a Registered Trade Mark owned by Allergy Kids Ltd under Trade Mark reference 2603350.
2. Service availability
3. Your status
3.1 By placing an order through our site, you warrant that:
3.1.1 You are legally capable of entering into binding contracts;
3.1.2 You are at least 18 years old; and
3.1.3 You are resident in the Serviced Countries.
4. How the contract is formed between you and us
4.1 After placing an on-line 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. Your order constitutes an offer to us to buy a Product. All on-line orders are subject to acceptance by us, and we will confirm such acceptance to you in the case of on-line orders, by sending you an invoice (such oral or e-mail confirmation being “the Dispatch Confirmation”). The contract between us (“the Contract”) will only be formed when we provide you with the invoice.
4.2 The Contract will relate only to those Products the dispatch of which we have confirmed in the Dispatch Confirmation. We will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed.
5. Our status
5.1 We may provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking those products you purchase from companies to whose website we have provided a link will be of satisfactory quality.
6. Consumer rights
6.1 If you are contracting as a consumer, you may cancel a Contract at any time within seven (7) days, beginning on the day after you receive the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 10 below).
6.2 To cancel a Contract within the seven (7) day period, you must inform us in writing and return the Product(s) to us immediately. Returned Product(s) in respect of which you wish to receive a refund must be in the same condition in which you received them. (including all paperwork).
6.3 You will not have any right to cancel a Contract for the supply of any Products which have been manufactured or ordered by us to your specifications.
7. Availability and delivery
7.1 Your order will be fulfilled by the delivery date provided as part of the Dispatch Confirmation which, if your order is placed before 5pm, is usually the following working day.
7.2 If a Product ordered by you is not in stock we will order it for you. As this may result in a delay we will contact you to give you the option to cancel.
8. Risk and title
8.1 The Products will be at your risk from the time of delivery.
8.2 Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges (if any).
9. Price and payment
9.1 The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.
9.2 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already provided a Dispatch Confirmation.
9.3 Our site contains a number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our dispatch procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when dispatching the Product to you. If a Product’s correct price is higher than the price stated on our site we might at our discretion decide to honour the lower (incorrect) price or either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.
10. Our refunds policy
10.1 When you return a Product to us (for instance, because you have cancelled the Contract between us, or have notified us in accordance with clause 19 that you do not agree to any change in these terms and conditions or in any of our policies, or because you claim that the Product is defective), we will examine the returned Product. Provided we are satisfied with the condition of the Product following our examination, we will either replace the item (if returned owing to a defect and usually within forty-eight hours of its return to us) or provide you with a refund. If you have requested a refund we will usually refund any money received from you using the same method originally used to pay. We will process the refund within 30 days.
10.2 Products returned by you because of a defect or within the seven (7) day cooling-off period (see clause 6.1 above) will be refunded in full together with the delivery costs.
10.3 A claim by you that the quantity of the Products delivered falls short of the quantity ordered shall be notified to us within 3 days from the date of delivery. If you do not notify us accordingly, we shall have no liability in respect of such shortfall and you shall be bound to pay the price as if the Products had been delivered in accordance with the Contract.
11. Our liability
11.1 We warrant to you that any Product purchased from us through our site is of satisfactory quality.
11.2 Our liability in connection with any Product purchased through our site is the purchase price of that Product together with the delivery charge.
11.3 This does not include or limit in any way our liability:
11.3.1 for death or personal injury caused by our negligence;
11.3.2 under section 2(3) of the Consumer Protection Act 1987;
11.3.3 for fraud or fraudulent misrepresentation; or
11.3.4 for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
11.4 We accept no liability for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time or for any indirect or consequential loss or damage of any kind however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
12. Written communications
12.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
14. Transfer of rights and obligations
14.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
14.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
14.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
15. Events outside our control
15.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (“Force Majeure Event”).
15.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
15.2.1 strikes, lock-outs or other industrial action;
15.2.2 Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
15.2.3 Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
15.2.4 Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
15.2.5 Impossibility of the use of public or private telecommunications networks; or
15.2.6 The acts, decrees, legislation, regulations or restrictions of any government.
15.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
16.1 If we fail, at any time during the term of a Contract, to insist upon the strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
16.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
16.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 13 above.
17.1 If any of these terms and conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
18. Entire agreement
18.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
18.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other and that nothing may be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
18.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.
19. Our right to vary these terms and conditions
19.1 We have the right to revise and amend these terms and conditions from time to time.
19.2 You will be subject to the policies and terms and conditions in force at the time that you order Products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we provide you with the Dispatch Confirmation (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
20. Law and jurisdiction
20.1 Contracts for the purchase of Products through our site will be governed by English law. Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.