Terms & Conditions
THE WEBSITE, Personalised Baby and the customer
These terms and conditions apply to the use of this website at www.www.personalised-baby.co.uk (the “Website”). By accessing this website and/or placing an order, you agree to be bound by these terms and conditions.
Using this Website indicates that you accept these terms regardless of whether or not you choose to register with us or order from us. If you do not accept these terms then we advise you to not use this website.
The www.www.personalised-baby.co.uk website is operated by Personalised Baby, 255 Hykeham Road, Lincoln, LN6 8AR.
Any reference in these terms and conditions to “we” or “us” refers to Personalised Baby.
Our contact details are as follows:
Registered address:
255 Hykeham Road
Lincoln
LN6 8AR
United Kingdom
General email: [email protected]
Telephone number: 01522 244940
Website: www.www.personalised-baby.co.uk
Introduction
You will be able to access all areas of this Website without registering your details with us. However, if you wish to register with the company, there are certain areas of the Website that allow you to do so.
We may revise these terms and conditions at any time by updating this posting. You should check this Website from time to time to review the then current terms and conditions, because they are binding on you. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages of this Website. If you do not wish to accept any new terms and conditions after we have given notice, it is advised that you should not continue to use this Website.
Ordering from us
You are deemed to place an order with us by ordering via our online checkout process. We will send you an order acknowledgement by email, detailing the products you have ordered.
Our acceptance of an order takes place when we dispatch the order to the customer. When we dispatch the order the purchase contract will be made even if your payment has been processed immediately, unless we have notified you that we do not accept your order or you have cancelled your order for any reason.
We may refuse to accept an order:
(a) Where goods are not available
(b) Where we cannot obtain authorisation for your payment
(c) If there has been a pricing or product description error
(d) If you do not meet any eligibility criteria set out in our terms and conditions
(e) If your order for personalised products contains content, which is deemed inappropriate for an order, i.e. threatening or abusive.
Pricing
Where we charge separately for packing, carriage and insurance and other relevant charges, the appropriate rates are set out in our specified pricing structure shown elsewhere on this Website.
Delivery
We will deliver the Products ordered by you to the address, which you give for delivery when you make your order. If any of the details you have given us in your delivery address are incorrect, we are not liable for any items, which have not been received. If you require us to send out your item to a different address after it has been returned then there may be a charge for posting it out again.
You may specify a delivery address, which is different from your billing address, if, for example, you would like us to deliver the Products directly to the recipient.
We do deliver outside of Europe. If you are outside the EU, please just enter your address and change the country when specified.
The majority of our products are dispatched Recorded Mail. If you have not received your items, you must check with your local sorting office even if you have not received notification from your postman that they are holding items for you.
Returns and exchange
Your rights to return the goods to us will not apply in the following circumstances:
-Any products that we have made, personalised or customised specifically for you
-Where, in our opinion, you have not taken reasonable care of goods whilst in your possession.
– If you have made a spelling mistake on your order and it has been sent for production.
If you return an item because of an error on our part, or because it is defective, we will happily refund the full value of the item and your costs in returning it to us.
The item(s) must be returned in the condition in which you received it within 30 days of delivery. By the very individual nature of personalised products, they cannot be re-sold, and therefore we cannot accept returns if you have a change of mind.
Discounts
If a discount was applied to your original order, the amount refunded will be adjusted to allow for the revised order value and appropriate discount level.
This returns policy does not affect your statutory rights.
The address for returns is:
Personalised Baby
255 Hykeham Road
Lincoln
LN6 8AR
Colour
The colour of the product you receive may not match the colour as displayed by our website on your computer monitor. Please be aware that if colour is important to you, your order is placed at your own risk.
Clothing
We will be unable to accept the return of any item where there is evidence that these instructions have not been followed. The item should be returned with its original packaging.
Service Access
While we endeavour to ensure that this Website is normally available 24 hours a day, we will not be liable if for any reason this Website is unavailable at any time or for any period.
Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
Visitor Material and Conduct
Other than personally identifiable information, which is covered under the Privacy Policy www.www.personalised-baby.co.uk any material you transmit or post to this Website will be considered non-confidential and non-proprietary. When making a payment through Personalised Baby we keep no record of any credit card details whatsoever and as soon as your payment goes through, the details are dismissed from our website. We will have no obligations with respect to such material. We and our nominees will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.
You are prohibited from posting or transmitting to or from this Website any material:
(a) – that is threatening, defamatory, obscene, indecent, seditious, offensive, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience
(b) – for which you have not obtained all necessary licences and/or approvals
(c) – which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world or
You may not misuse the Website (including, without limitation, by hacking).
We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of the clauses of above.
Registration
To register with Personalised Baby, simply visit www.www.personalised-baby.co.uk and fill in your details.
Each registration is for a single user only. We do not permit you to share your user name and password with any other person nor with multiple users on a network.
Responsibility for the security of any passwords issued rests with you and if you know or suspect that someone else knows your password, you should contact us immediately.
We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these terms and conditions.
Disclaimer
While we endeavour to ensure that the information on this Website is correct, we do not warrant the accuracy and completeness of the material on this Website. We may make changes to the material on this Website, or to the products and prices described in it, at any time without notice. The material on this Website may be out of date, and we make no commitment to update such material.
The material on this Website is provided “as is” without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this Website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to this Website.
Liability
We, any other party (whether or not involved in creating, producing, maintaining or delivering this Website), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Website in any way or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website or your downloading of any material from this Website or any websites linked to this Website.
Nothing in these terms and conditions shall exclude or limit our liability for (i) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977) (ii) fraud (iii) misrepresentation as to a fundamental matter or (iv) any liability which cannot be excluded or limited under applicable law.
If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of any breach of the terms and conditions by you, or your use of this Website, or the use by any other person using your registration details.
Governing Law and Jurisdiction
These terms and conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with these terms and conditions shall be subject to the non-exclusive jurisdiction of the English courts.
We do not warrant that materials/items for sale on the Website are appropriate or available for use outside the United Kingdom and Eire. It is prohibited to access the Website from territories where its contents are illegal or unlawful. If you access this Website from locations outside the United Kingdom and Eire, you do so at your own risk and you are responsible for compliance with local laws.
Miscellaneous
You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions.
If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions, which shall continue to have full force and effect.
Only the parties to these terms and conditions may seek to enforce them. Nothing in these terms and conditions is intended as granting any persons who are not parties to these terms any rights under the Contracts (Rights of Third Parties) Act 1999.