Candytuft Baby Terms and Conditions for Sale of goods online
These terms and conditions regulate the business relationship between you and us. If you offer or accept our offer for any goods, our contract is in the terms set out below.
We are: Candytuft Baby UK – firstname.lastname@example.org
You are: The Customer
The terms and conditions
In this agreement:
“Carrier” means any person or business contracted by us to carry Goods from us to you, whether all or part of the distance.
“Goods” means any goods we offer for sale.
“Order” the telephone call, letter, fax, website order or e-mail from you detailing the Goods to be ordered
“Written Material” means any informational material published by us in any medium with a view to providing information to our customers or prospective customers.
2. Our contract with you
2.1. We may accept your order by website. Our message may also confirm details of your purchase and tell you when we shall dispatch your order. Our acceptance is when our contract is made.
2.2. The price of the Goods shall be the price ruling at the date of order.
2.3. If we do not have the Goods you order in stock, we will offer you alternatives or place on back order for you. If this happens, you may:
2.3.1. accept the alternatives we offer;
2.3.2. wait for the Goods you ordered to come in stock
2.3.3. cancel your order;
2.3.4. leave the order valid, but tell us to omit the out-of-stock item.
3. Price and Payment
3.1. You must pay us the full price of your order before we will send any part of it.
3.2. No payments shall be deemed to have been received until we have received cleared funds.
3.3. All prices exclude VAT and are exclusive of all costs or charges in relation to loading, unloading, carriage and insurance.
3.4. Banking charges by the receiving bank on payments to us will be borne by us. All other charges relating to payment in a currency other than pounds Sterling will be borne by you.
3.5. Any details given by us in relation to exchange rates are approximate only and may vary from time to time.
3.6. You will pay all sums due to us under these terms by the means specified without any set-off, deduction or counterclaim.
4 Information you give us
4.1 You agree that you have provided, and will continue to provide accurate, up to date, and complete information about yourself. We need this information to provide you with the Goods.
5.1 Deliveries will be made by the Carrier to the address stipulated in your order. You must ensure that someone is present to accept delivery.
5.2 If we are not able to deliver your goods within 30 days of receipt of payment for your order, we shall notify you to arrange another date for delivery.
5.3 We may deliver the goods in instalments if the goods are not available at the same time for delivery.
6 Taxes, duties and import restrictions
6.1 We have no knowledge of, and no responsibility for, the laws in your country of residence.
6.2 You are responsible for purchasing Goods that you are lawfully able to import and for the payment of import duties and taxes of any kind levied in your country of residence.
7.1 We may make improvements or changes to our Written Material or to any of the Goods, at any time and without advance notice.
7.4 We are not liable in any circumstances for special, indirect or consequential loss or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with your use of Our Website or the purchase of Goods.
7.5 Except for a claim for personal injury, in any claim against us our liability is limited to the value of the goods you have purchased in the contract that is the subject of the dispute.
You agree to indemnify us against any claim or demand, including reasonable lawyers’ fees, made by any third party due to or arising in any way out of your use of the Goods, or the infringement by you, of any intellectual property or other right of any person.
9 Rights of third parties
Nothing in this agreement shall confer on any third party any benefit under the provisions of the Contracts (Rights of Third Parties) Act 1999.
If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
11 No Waiver
No waiver by us, in exercising any right, power or provision hereunder shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.
12 Dispute Resolution
In the event of a dispute arising out of or in connection with these terms or any contract between you and us, then you agree to attempt to settle the dispute by engaging in good faith with us in a process of mediation before commencing litigation.
13 Force majeure
We are not liable for any breach of our obligations resulting from causes beyond our reasonable control including strikes of our own employees, contractors, suppliers and all those involved in the supply chain to Candytuft Baby.
14 Governing Law
This Agreement shall be governed by and the parties submit to the jurisdiction of the English Courts.
Terms & Conditions for use of the Website.
Whilst every effort is made to ensure that the website and content are both accurate and error free, Candytuft Baby recognises that errors may occur. In the event of such an error, we may attempt what actions we are able reasonably to correct the problem.
By viewing this website and/or downloading any content, you agree to be bound by the following terms and conditions (“Terms of Service”). If you do not agree to these terms, you must not use this website.
You agree not to copy, distribute or imitate any of the artwork, content, or other media contained in this website. Also, you agree to not attempt to reverse engineer, misuse, or damage any part of the website or the server infrastructure. You may not use any part of this service in a way that may be illegal, either by English law, or within the jurisdiction where the site is being accessed from. You also hereby acknowledge that Candytuft Baby owns the Intellectual Property rights to all materials within this website and any additional content or media provided by Candytuft Baby, unless otherwise specified.
This site is created and operated by Candytuft Baby, situated in the UK. Candytuft Baby, and the management thereof, make no warranty that the material on or available through this site is suitable for use in any other country. If you are accessing from any other country, it is the user’s responsibility to ensure that they comply with any local laws that may be applicable. You agree to use the site in the manner for which it was intended, and following instructions as and when they are provided.
Use of this site and any services contained therein are at the sole discretion of Candytuft Baby and its management. While we endeavour to ensure the website is available at all times, we reserve the right to modify or terminate all or any part of the service at any time, and for any reason, without notice and without liability. We reserve the right to change the terms of service at any time without notice. It is the user’s responsibility to ensure that they have read the terms and conditions that currently apply.
This website may contain links to other websites. Candytuft Baby makes no guarantees, representations, or warranties about those sites or the content therein.
Candytuft Baby disclaims any and all responsibility, liability, representations, warranties, or any other terms, express or implied, for the accuracy, legality, operability, availability, merchantability, non-infringement, or completeness of any part of the content upon this site. Furthermore, Blue Max Banner Limited disclaims any responsibility for any harm, loss, or damage resulting from viewing or downloading any media from this site, or linked to by this site.
Candytuft Baby make no warranty that this site, any content, or the servers used, are free of viruses or other harmful media. You assume all responsibility for any necessary servicing, repair, and/or correction that may result.
This website, and all products, materials, and information provided by Candytuft Baby, are provided ‘As is’, with no warranties whatsoever. Under no circumstances will Candytuft Baby be held liable to any user, for any damages resulting from the use or misuse of the services provided.
You may not transfer or delegate any rights, permissions, or responsibilities as set out in these terms to any other person without express written permission from us.
Some countries may disallow the exclusion of implied warranties, so the above exclusions may not apply.
These terms do not affect your statutory rights as a consumer, and these terms and conditions are governed by English law. Any dispute connected with Candytuft Baby will be subject to the exclusive jurisdiction of courts of England and Wales.
Copyright & Trademarks
All content on this site, unless otherwise specified, is copyright © Candytuft Baby, 2018, all rights reserved. Candytuft Baby and associated logos are trademarks of Candytuft Baby in the UK and other countries.
If we should receive a complaint about any part of our service, by phone, e-mail or letter, then it will be dealt with promptly, confidentially, and effectively.