Terms and Conditions of Sale
1.1 In these Terms:
“Company” means Nest(UK) ltd.
“Customers” means the purchaser of Goods from the Company.
“Goods” means all goods sold and/or delivered by the Company to the Customer.
“Terms” means these terms and conditions of sale.
“Conditions” means the standard Terms and Conditions of sale set out in this document;
“Contract” means the contract for the sale of the Goods;
“Payment Card” means the credit or debit card or other payment system chosen by you to be used as the method of payment for the Goods of which you have provided details to us when placing the Order;
“Delivery Area” means areas from which we have accepted an order.
“Information System” means a system for generating, sending, receiving, storing or otherwise processing electronic communications;
“Order” means any order placed by you with us for the supply of Goods;
“Order Form” means the electronic order form completed and submitted electronically by you;
“Regulations” means the Consumer Protection (Distance Selling) Regulations 2000;
“Web Site” means our presence on the worldwide web, currently accessible via the address www.tumtumtots.com.
2.1. These Terms apply to all contracts for the sale of Goods by the Company.
2.2. No amendments, alteration, waiver or cancellation of any of these Terms is binding on the company unless confirmed by the company in writing.
2.3. The Customer acknowledges that no employee or agent of the Company has any right to make any representation, warranty or promise in relation to the Goods or the sale of the Goods other than as contained in these Terms.
3.1. The price of the Goods shall be the price set out on the relevant page of this site. We reserve the right to change the prices set out on this site provided that if we accept an order from you the price for the goods will be the price set out in the relevant range at the time the order is placed.
3.2. If the price of the Goods increases between the date we accept your Order and the delivery date, we will let you know and ask you to confirm by email/in writing that the new price is acceptable. If it is not acceptable then you will, of course, have the option of cancelling the order.
3.3. The price of the Goods does not include insured postage or packaging. There will be an additional charge made relative to the size and amount of Goods insured for postage and packaging, this charge will be clearly shown on the Order form.
3.4. The total price is inclusive of any applicable value added tax.
4.1. Upon providing us with details of the Payment Card and submitting the Order you:
4.2. Confirm and undertake that the information contained within the Order is true and accurate and that you are duly authorised to use the Payment Card; and
4.3. Authorise us to deduct from the Payment Card account the full price of the Goods and all other payments which may become due to us under the Contract.
4.4. If it is not possible to obtain full payment for the Goods from your account on delivery of the Goods to you, we cancel the Order or suspend any further deliveries to you. This does not affect any other rights we may have.
4.5. Where Goods are returned by you in accordance with your rights under the provisions of clause 9, we shall credit the Payment Card with the appropriate amount.
4.6. We will not pass your personal information on to a third party without your permission - unless solely due to our negligence we cannot be held liable for any losses you may suffer. If in any event your payment card is used fraudulently you are entitled to cancel the payment and be reimbursed by the card issuer without being charged for the loss.
5.1. Delivery of the Goods shall be made by us or our carrier to the address for delivery shown in the Order Form. It is important that this address is accurate. Please be precise about where you would like the Goods left if you are out when we deliver. Once the Goods have been delivered in accordance with your delivery instructions, you will be responsible for them. Our responsibility for everything other than damage due to our negligence or due to a manufacturing design or design fault will cease upon delivery.
5.2. We will do all that we reasonably can to meet the date given for delivery or, if no date has been agreed, within 30 days of the order date. We cannot be held responsible for delays beyond our control. If we are unable to make the delivery date you will be entitled to either arrange a revised date or cancel the order and receive a full refund. If we are able to make delivery in advance of the given date we will contact you.
5.3. If the order is a multiple order and we are unable to make a delivery of the whole order but are able to deliver part we will contact you, informing you of this, and delivery will be on a mutually agreed date. In this instance delivery will be said to be made in instalments. Each delivery shall constitute a separate contract and any failure by us to deliver any one or more of the instalments in accordance with these conditions, or any claim by you in respect of any one or more instalments will not entitle you to treat the contract as a whole as repudiated.
5.4. If we fail for any reason within our control to fully/partially deliver your Goods, any reimbursement shall be no more than the price of the Goods, together with any delivery and/or reasonable return costs.
5.5. Either party is entitled to cancel the contract in respect of non-performance of obligations in relation to delivery. If cancelled we will refund you any monies already paid by you and any reasonable return costs incurred by you.
6. Risk and Property
6.1. As soon as we have delivered the Goods or services, you will be responsible for them. If you delay a delivery our responsibility for everything other than damage due to our negligence will end on the date we agree to deliver them, as set out in the contract.
6.2. Subject to the provisions of clause 9 and notwithstanding delivery and the passing of risks in the Goods, or any other provision of these Conditions, the property of the Goods shall not pass to you until we have received in cash or cleared funds payment in full of the price of the Goods. Goods supplied to you are not for resale.
7. Warranties and Liability
7.1. Terms and conditions of this contract do not affect any additional rights you may have under a manufacturer’s warranty/guarantee. These are rights given to you by the manufacturer in addition to your statutory rights. Any additional rights given to you by the manufacturer in respect of Goods purchased are not incorporated into this contract.
7.2. As a consumer you have the statutory rights regarding the return of defective Goods and claims in respect of losses caused by any negligence on our part or our failure to carry out our obligations. The Terms and Conditions of this contract do not affect your statutory rights. For further information regarding these rights contact Trading Standards or Citizens’ Advice Bureau.
7.3. IMPORTANT NOTICE: TIME LIMIT FOR NOTIFICATION OF CLAIMS
You are asked to examine the goods as soon as reasonably possible after delivery. Any claim by you based on any defect in the quality or condition of the Goods or their failure to correspond with specification must (whether or not delivery is refused by you) be notified to the company within 7 working days from the date of Goods received or within a reasonable time after discovery of the defect or failure if it was not apparent on reasonable inspection.
7.4. Where a valid claim in respect of Goods delivered is notified to us with 7 working days of the date of Goods received, or within a reasonable time if not apparent on reasonable inspection, you are entitled to:
Reject the Goods and receive a full refund;
Or have the Goods (or the part in question) replaced free of charge.
Any claims made after 7 working days of the date of Goods received or exceeding a reasonable time of discovery, we shall be entitled to either:
Replace the Goods (or the part in question) free of charge or at our sole discretion refund to you the price of the Goods (or a proportionate part of the price) and we shall have no further liability to you.
7.5. Except in respect of death or personal injury caused by our negligence we will not ve liable under this contract for any loss or damage caused by us or our agents in circumstances where:
i) There is no breach of a legal duty of care owed to you by us or by any of our employees or agents;
ii) Such loss or damage is not a reasonably foreseeable result of any such breach:
iii) Any increase in loss or damage resulting from breach by you of any term on this contract.
In the event that you are using the supply address in part for commercial purposes then no liability for loss of profits or other economic loss arising out of a breach of this agreement can be accepted.
7.6. Subject to our obligations, any your rights under the Regulations, we 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 our obligations in relation to the Goods if the delay or failure was due to any cause beyond our reasonable control.
7.7. We assume no responsibility for the contents of any other websites to which this website has links.
8. Right to Cancel
8.1. You have a cooling off period of 7 working days after the date on which Goods are received to cancel the contract and return the Goods at your cost and receive a full refund of the purchase price and any delivery cost.
8.2. During the cooling off period any cancellation must be given by written notice by either party.
8.3. Goods must be returned complete and undamaged with all accessories and instructions. The original packing must be returned in reasonable condition
8.4. In the event that we supply substituted Goods to you in accordance with the provisions of clause 2, your right to cancel is as set out as above except that the cost of returning the Goods shall be borne by us.
9.1. Any communications sent electronically by email or otherwise:
9.1.1. Will be deemed to have been sent once it enters an Information System outside the control of the originator of the message;
9.1.2. Will be deemed to have been received by the intended recipient at the time that in a readable form it enters an Information System which is capable of access by the intended recipient;
9.1.3. Will be deemed to have been dispatched 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;
9.1.4. Will be deemed to have been received in the case of a business t its principal place of business and in the case of an individual where he or she ordinarily resides
9.2. To protect your own interests you should ask for a delivery receipt and the original correspondence.
10.1. Any communication sent by post will be deemed received by the intended recipient three days following mailing where sent by first class post or five days after mailing where sent by second class post.
10.2. The clauses of these Conditions and each sub-clause thereof are several and if any part of any clause or sub-clause shall be void, invalid or unenforceable then the remainder of such clauses or sub-clauses shall nevertheless be valid and enforceable.
10.3. No term of the Contract is intended to confer a benefit on, or be e nforceable by, any person who is not a party to the Agreement (whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.)
10.4. If any provision of these Conditions is held by any court or competent authority to be invalid, unlawful or unenforceable in any jurisdiction in whole or in part, it will not affect the validity or enforceability of the other provisions of these Conditions and the remainder of the provision in question shall not be affected nor will it affect the validity, lawfulness or enforceability of that provision in any other jurisdiction.
10.5. We will try and solve and solve any disagreements quickly and efficiently. If you are not happy with the way we deal with any disagreement and you want to take court proceedings you must do so within the United Kingdom.
10.6. The headings in these Conditions are for convenience only and will not affect their interpretation.