CONDITIONS OF SALE
All
orders are subject to the following terms and conditions. These shall form part
of any contract concluded between KidzCraft
and a buyer. This does not
affect your statutory rights as a consumer.
CONTENTS:
GENERAL
A
binding contract for the sale of all products will be created upon a
communication being sent by KidzCraft to
the buyer confirming acceptance of the buyer's order.
The completion of an
order form and payment for the products shall be deemed conclusive evidence that
the buyer agrees to be bound by these Conditions of Sale.
HEALTH AND SAFETY
All
products sold by KidzCraft comply
with the European Toy Safety Regulations. The use of any product should be
supervised at all times by an adult. The buyer shall be responsible for ensuing
that all statutory, government or local authority regulations are complied with
in relation to the use of any products purchased from
KidzCraft.
CHANGES IN SPECIFICATION
KidzCraft reserves
the right to make changes at any time and without notice in the materials,
dimensions, colours and design of its products and such changes shall not affect
the validity of any contract with the buyer provided that such variations and
modification do not adversely affect in any material way the performance of the
products or the quality of workmanship or of materials used. Where there has
been a material change to any product ordered by the buyer, KidzCraft will
endeavour to supply the buyer with a product that is identical to that ordered
or a product that is as far as is possible similar to that ordered.
The buyer has the option to accept or decline any replacement with a full
refund given if any replacement is unacceptable.
PRICES
The
price of products confirmed at the point of purchase will remain fixed during
the transaction. All prices quoted
on the website are subject to alterations without notice to take account of
fluctuations in the cost of labour, materials or manufacturing. All prices
quoted include sales tax/VAT.
KidzCraft
shall be entitled to adjust the price
to take account of any delay on the part of the buyer in supplying information
required to complete his order or of any alteration made by the buyer to the
specifications or other information supplied by the buyer.
TRADE MARKS
The
buyer may not at any time alter or deface any trade marks identified on the
products with the intention of attaching another trade mark, unless the buyer
has prior permission in writing from
KidzCraft
COPYRIGHT
The
copyright in any design, presentation, packaging and/or literature in connection
with the products shall remain the property of the owner of that copyright and
no right or licence (except as to the use for which the products are supplied)
shall be granted hereby whether express or implied.
WARRANTIES
KidzCraft makes
no warranty in respect of any products or service advertised by KidzCraft
on
this website but which is supplied by a supplier independent to
KidzCraft.
PAYMENT AND TITLE OF PRODUCTS
The
full price for ordered products must be paid prior to despatch, unless previous
arrangements have been made. All orders must be paid for in Pounds Sterling, and
in the case of payment by cheque, drawn on a bank account located within the
United Kingdom
.
In the
event of a failure by the buyer to pay for the products, then title to the
products shall remain with KidzCraft until
such time as payment is received.
KidzCraft
reserve
the right to retake possession of the products in the event of non-payment.
Any
such products or part of products so re-possessed may be re-sold without notice
to the buyer and without prejudice to our right to claim damages against the
buyer for any losses or expenses incurred, save that the proceeds of such sale
shall be set off against any sums due from the buyer in respect of the products.
In the
event that the buyer fails to make payment for the products or fails to take
delivery of any of the products supplied by us, then all sums outstanding in
respect of any products supplied by
KidzCraft
shall if not already paid in full become
due and payable immediately and
KidzCraft
may
in its absolute discretion and without prejudice to any other rights suspend all
future deliveries of the products to the buyer under the contract in question or
under any other contract and/or terminate any such contract(s) without liability
upon our part; and/or require payment of interest on all amounts due at a
compound annual rate of 4% above Barclays Bank plc base lending rate for the
time being prevailing from the date when payment for the products in question
became due to the date of actual payment.
The
following methods of payment are available for
KidzCraft
products:
- on-line
debot/credit card transaction;
- cheque
by post
In each
case
KidzCraft
will ensure that your order and any payment
information you provide is kept private and confidential.
KidzCraft
will
not retain any customer payment information beyond that reasonably necessary to
confirm your order, dispatch the products and trace the delivery.
KidzCraft
does
not supply customer information to third parties other than as specifically
stated herein (i.e. to enable the carrier to deliver the products).
Where
the buyer is using the online payment method,
KidzCraft
uses a recognised online credit
payment agency who have secure server software encryption to keep your
transaction private and protected. Paying by this method will require the buyer
to visit another website domain.
KidzCraft
accepts no responsibility and shall
not be liable for errors or omissions on the part of the credit payment agency
which result in the disclosure of confidential information, loss, expense or
damage howsoever arising to the buyer. It is the responsibility of the buyer to
read the terms of business of the credit payment agency before using the
service.
DELIVERY AND RISK IN THE PRODUCTS
Delivery
within the
UK
will normally be made within 5 working days of order unless the express
delivery option is chosen, in which case within working 2 days.
KidzCraft
currently
only delivers to the
UK
. Delivery charge rates will vary from time to time.
KidzCraft
shall not be liable for delay or
failure to deliver products promptly if such failure arises due to force majeure
or by reason of any delays occasioned by strikes, riots, lockouts or other
labour trouble, war, fire, accident, mechanical failure, non-availability to KidzCraft
of manufactured stock, parts, or materials; delay or failure of delivery of the
products to
KidzCraft
by manufacturers, suppliers or other persons; government action, legislation or
regulation of any kind; Act of God, or any circumstances whatsoever outside our
reasonable control.
CANCELLATION
You may
cancel your order, without giving a reason, at any time up to 10 working days
from receiving the goods as long as the products are returned in the same state
as they were delivered. KidzCraft
will
action your refund in full within 2 working days of you notifying us of your
cancellation and return of goods.
LOSS OR DAMAGE IN TRANSIT
KidzCraft's
responsibility for loss in transit will be limited to replacing the lost
products or providing a refund, which ever the buyer prefers. Customer
must advise KidzCraft
within 14 working days of placing your
order.
KidzCraft's
responsibility for damage in transit will be limited to replacing the
damaged products or providing a refund, which ever the buyer prefers.
Customer must advise KidzCraft
within 7 working days of receipt of order.
COMPLAINTS
If you
are not completely satisfied with your purchase, for whatever reason, we
guarantee to exchange or provide a full refund whatever your preference.
We will endeavour to respond to and resolve all complaints within 2
working days. This does not affect
your statutory rights as a consumer.
GOVERNING LAW
The
construction, validity and performance of these Conditions of Sale and of any
agreement that exists between
KidzCraft
and
the buyer shall be governed in all respects by English Law. In any dispute with
KidzCraft
regarding these Conditions of Sale or the
supply of products to the buyer, the parties shall submit to the jurisdiction of
the English Courts.