1. CONDITIONS OF USE
1.1 Use of the Services and Web Site The web site what2buy4kids.co.uk (the “Web Site”) and the goods and services on it are offered to you for your personal and non-commercial use only. Commercial use of this Web Site is strictly prohibited.
You agree to comply with all applicable laws, statutes and regulations in connection with the use of the Web Site and goods (the “Goods”) or services (the “Services”) obtained via the Web Site and in entering all competitions endorsed by What To Buy For Kids Limited (the “Competitions”). The Goods, Services and Competitions are together referred to as the “Supplies”.
By using the Web Site, you unconditionally agree to be bound by these terms and conditions.
1.2 Restrictions on Use As a condition of your use of this Web Site and the Services you agree that you will not: (a) reverse engineer or decompile (whether in whole or in part) any software available through the Web Site (save to the extent expressly permitted by applicable law); (b) remove, change or obscure any product identification or notices of proprietary rights or any restriction on or in the Supplies and/or the Web Site;(c) remove any copyright, trade mark or other intellectual property right notices contained in material on the Web Site or Supplies; (d) make copies, modify, reproduce, republish, post, transmit, distribute or alter (including the creation of HTML links to or from the Web Site) all or any part of the Web Site or any materials contained on it.
1.3 Unlawful or Improper Use You must not use the Web Site or the Supplies for any unlawful purposes. In particular, you must not:(a) publish, post, upload, distribute, disseminate or otherwise transmit, information or pictures that are obscene or pornographic, threatening, menacing, racist, offensive, defamatory, libellous, or are alleged to be, or are in the opinion of What2Buy4Kids Limited, otherwise unlawful ; (b) upload files that contain software or other materials in breach of any intellectual property rights or in breach of confidence;(c) download any file of materials posted by another user that you know, or reasonably should know cannot be copied or otherwise used legally or unacceptable; (d) harass, stalk, threaten or otherwise infringe the rights of others; (e) hack into any web site, deliver viruses or other harmful programs or forward chain letters, surveys, contests, pyramid schemes or engage in any other behaviour likely to inhibit any other user from using and enjoying the Web Site or the Services or that is otherwise likely to damage or destroy the reputation of the Web Site or What2Buy4Kids Limited; (f) advertise or offer to sell goods or services;
1.4 Monitoring and disclosure What2Buy4Kids Limited accepts no obligation to (but may in its discretion) monitor the use of the Web Site and/or the Services by you. What2Buy4Kids Limited reserves the right to disclose any information or material which may be provided by you if required by law or regulations and to remove, refuse to post or to edit any such information or material and to take such other action as may be reasonably necessary to prevent any breach of these terms and conditions.
2. INTELLECTUAL PROPERTY RIGHTS This Web Site (including the software used to operate it) and the trade marks and any information or material used in connection with the Web Site and the Supplies are owned by What2Buy4Kids Limited and/or its licensors. You are not granted any right or interest in these except as stated in these terms and conditions.
3. OPERATION OF THE SERVICES AND WEB SITE
What2Buy4Kids Limited may at its sole discretion from time to time without notice change the format and content of this Web Site and/or the Services and suspend the operation of the Web Site and/or the Services, for example, for repair or maintenance work, or in order to update or upgrade the contents or functionality of the Web Site and/or the Services.
You are responsible for obtaining and updating your own web browser, and for all amounts payable in respect of connection to the internet including any telecommunications charges for time spent online in respect of use of the Web Site.
You will comply with all directions and instructions given by What2Buy4Kids Limited in relation to the use of and access to the Web Site and the Services. What2Buy4Kids Limited does not accept responsibility for the security or content of any information which you may supply through the Web Site or the Services and will not be liable for the content of any communications or messages received by you from other users.
4. DISCLAIMER AND LIMITATIONS OF LIAIBILITY
What2Buy4Kids Limited does not exclude or limit liability for death or personal injury resulting from its negligence or any other liability which may not, by applicable law, be excluded or limited.
Subject to the paragraph above in this clause 4, in no event shall What2Buy4Kids Limited, its directors, employees or other representatives be liable (whether for breach of contract, negligence or for any other reason) for any loss of profits, loss of sales, loss of revenue, loss of any software or data, loss of bargain, loss of opportunity, loss of use of computer equipment, software or data, loss of or waste of management or other staff time, or for any indirect, consequential or special loss (howsoever arising).
Subject to the two paragraphs above in this clause 4, What2Buy4Kids Limited liability to you whether in contract, tort or howsoever arising is limited to the amount paid by you to What2Buy4Kids Limited in respect of the relevant Supplies.
You shall indemnify and keep indemnified What2Buy4Kids Limited against any loss or damage arising from your unauthorised use of the Web Site or your disclosure of any password or username and from all actions, proceedings, claims, demands, costs (including legal costs), awards and damages howsoever arising, directly or indirectly as a result of any breach or non-performance by you of any of your obligations under these terms and conditions.
What2Buy4Kids Limited supplies this Web Site and the Supplies “as is” and, to the fullest extent permitted by law, makes no representations or warranties (express or implied) of any kind, including but not limited to, the accuracy, quality, suitability, fitness for purpose or completeness of any information or materials made available on this Web Site or the Supplies, or any third party web sites linked from this Web Site. What2Buy4Kids Limited shall not be liable for any action taken by you as a result of your relying on any information provided in this Web Site or the Supplies or third party web sites or for any loss or damage suffered by you as a result of you taking such action or as a result of you purchasing any Supplies from a third party.
What2Buy4Kids Limited does not accept responsibility for the security or content of any information which you may supply through this Web Site or the Services and will not be liable for the content of any communications or messages received by you from other users including any content posted by other users in chat rooms.
You are solely responsible for your use of this Web Site, Supplies, any username, password and any information made available on this Web Site from time to time and for any consequences or effects (whether direct or indirect) of such use. What2buy4kids Limited does not warrant that this Web Site or the Supplies will be uninterrupted or error or defect free and shall not be responsible for the non-performance or interruption of this Web Site or the Services or for any viruses transmitted through this Web Site or the Services.
Any links from this Web Site to third party websites do not constitute an endorsement by What2Buy4Kids Limited of any products or services available on such websites and What2Buy4Kids Limited does not necessarily support or approve of them. You use such links entirely at your own risk and What2Buy4Kids Limited accepts no responsibility for the content or use of such web sites or information contained in them.
5. BUYING GOODS AND SERVICES ON THIS WEB SITE
5.1 Contracting party You may be able to purchase Supplies via this Web Site either direct from What2Buy4Kids Limited or from third parties. You must ensure that, if you do intend to make any purchases, you know the identity of the company with which you will be contracting. Any contract you conclude with third parties will be on their terms and conditions and What2Buy4Kids Limited will accept no liability whatsoever in respect of such contracts. Third party terms and conditions should be available in the checkout or other appropriate section of the relevant What2Buy4Kids Limited or third party web site. The following paragraphs of this clause 5 contain terms and conditions relating solely to any sale or provision of Supplies direct to you by What2Buy4Kids Limited, not by any third party.
5.2 Prices The prices of all Goods are clearly marked in their description and are inclusive of VAT and duty (if applicable). All delivery charges are also displayed on this Web Site.
At any given time, despite our best efforts, a small number of the items on our site may be mispriced. We do, however, verify prices as part of our shipping procedures. If an item’s correct price is lower than our stated price, we charge the lower amount and ship you the item. If an item’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
5.3 Conclusion of Contract of Sale Any Supplies and prices of Supplies displayed on this Web Site constitute an invitation to treat. Once you go to the checkout section of this Web Site and click to purchase any Supplies, this constitutes an offer made by you to What2Buy4Kids Limited. Acceptance of your offer only occurs once you receive notification from What2Buy4Kids Limited of acceptance of your order.
5.4 Period of Offer Prices of any Supplies may be changed by What2Buy4Kids Limited at any time before the conclusion of an agreement to sell i.e. once you receive notification from What2Buy4Kids Limited of acceptance of your order.
5.5 Payment Payment is to be made by Paypal, credit or debit card and all credit and debit card information will be encrypted for security. At no time does What2Buy4Kids Limited have access or see your credit card details
5.6 Delivery Delivery of any Goods will be by post depending on the size and nature of the Goods to be supplied. If you order any item from What2Buy4Kids Limited it is you as the customer’s responsibility to ensure that all the details you provide to What2Buy4Kids Limited are correct. This includes your billing address, contact telephone numbers, email address (if applicable), and delivery address. It is not the responsibility of What2Buy4Kids Limited to correct any delivery address’, and under The Data Protection Act we cannot amend your billing address details. You can do this immediately through your customer account on www.what2buy4kids.co.uk. We will ship goods to the address you as the customer provide us with. It is your responsibility to review all your billing address, contact telephone numbers, email address (if applicable), and delivery address to ensure they are correct at the registration of your account, at the checkout and payment process, as well as to review all these details on your confirmation order email.
The Goods will normally be delivered within the UK within 5 days of the placement of the order. If delivery is delayed beyond 7 days, we will notify you that this is the case and you will have an option to cancel your order if the delay is unacceptable. Delivery outside the UK may take up to three weeks.
If any of the details on your delivery address are incorrect you can email us to advise us of any changes, but please be aware that we cannot always answer emails before your order is dispatched.
5.7 Cancellation You may cancel your order at any time before delivery, without affecting the continuance of this agreement between What2Buy4Kids Limited and you in relation to use of this Web Site. If any money has been collected from your credit or debit card, this will be refunded. Notification of cancellation must be in writing and emailed to email@example.com . Once the Goods have been delivered, you may still return them to What2Buy4Kids Limited within 28 working days of dispatch for a full refund (minus postage costs), provided the Goods are in good condition. You may not return an item after this time has expired.
6. TERMINATION What2Buy4Kids Limited reserves the right to terminate this agreement and your access to this Web Site and the Services at any time and without notice, for any reason whatsoever. What To Buy For Kids Limited also reserves the right to bar anyone from using this Web Site and the Services.
On termination, you will immediately stop using any username and password and the Services and will return any such username and password to What2Buy4Kids Limited within 5 days of such termination and destroy (so that they cannot be retrieved) all records or copies you may hold of the username and password and any information about or obtained from this Web Site and the Services.
8. RETURNS & REFUNDS We can only accept items returned to us within 28 days from the date your order was dispatched. Items that do not reach us within 30 days will not be valid for exchange, refund or replacement. If you wish to return an item we advise that you act immediately upon receipt to obtain a returns number and return the item to us as soon as possible. We aim to answer all returns requests within 24 hours. Please note , we will not accept returned goods that have been used, unless they can be seen to be faulty. For hygiene reasons certain jewellery items, food items, cosmetics and grooming products can not be returned unless they can be seen to be faulty. All items must be returned to us before an exchange, refund or replacement is issued. Please do not use scissors to open your package, you are able to just tear the packaging open. Returns with scissor marks will not be accepted. Items must be returned to us in an unworn and unwashed condition, deemed fit for resale. Please be very careful when trying products on, for example, please ensure you are not wearing makeup, perfume, deodorant or antiperspirant which may leave marks on the product as we will not be able to arrange an exchange or refund for any item returned to us with any odour, marks or stains. Please thoroughly inspect any item you order from us on receipt as we will only accept products returned to us in their original condition and fit for re-sale unless we have been given prior notice that an item is faulty. Delivery charges are non refundable unless the item purchased is faulty or incorrect. A polite request, please fold returned items neatly before sending them back to us. Any missing items from your parcel will be investigated by Royal Mail, and a refund issued once Royal Mail has carried out their full investigation. Returns should be sent to what2buy4kids, Unit 1B, Bank Quay Trading Estate, Slutchers Lane, Warrington, WA1 1PJ, but please email firstname.lastname@example.org for more information.
You can now recycle your old electricals with us. If you’re buying a new electrical item, we will recycle your old one for free. Why recycle? Unwanted electrical equipment is the UKs fastest growing type of waste. Many electrical items can be repaired or recycled, saving natural resources and the environment. If you do not recycle, electrical equipment will end up in landfill where hazardous substances will leak out and cause soil and water contamination – harming wildlife and also human health. We can help. We are pleased to offer our customers the chance to recycle their old electrical items. If you would like to take advantage of our recycling scheme please email us with your details using email@example.com and we will then send you a returns package and label. These will be sent to your nominated address immediately and you will then be able to return your old electrical items to us for free. To remind you that old electrical equipment can be recycled, it is now marked with a crossed-out wheeled bin symbol. Please do not throw any electrical equipment (including those marked with the crossed out wheeled bin symbol) in your bin. What is WEEE? The Waste Electrical or Electronic Equipment (WEEE) Directive requires countries to maximise separate collection and environmentally friendly processing of these items. In the UK, distributors (including retailers) must provide a system which allows all customers buying new electrical equipment the opportunity to recycle their old items free of charge. Those establishing their own take-back scheme must as a minimum offer all customers buying new electrical equipment free take back of their old electricals on a like-for-like basis. Find more information on WEEE recycling, and locate your local recycling centre, at www.recyclenow.com.
9. CONTACT You may contact What To Buy For Kids Limited about any problems or questions with this Web Site at firstname.lastname@example.org
10. GENERAL These terms and conditions shall be governed by and interpreted in accordance with the laws of England and you consent to the exclusive jurisdiction of the English Courts in all disputes arising out of or relating to the use of this Web Site or the provision of Supplies by What2Buy4Kids Limited. This Web Site is operated and controlled by What2Buy4Kids Limited from its offices in the United Kingdom. What2Buy4Kids Limited makes no representation that information or material contained at its Web Site is appropriate for use in other jurisdictions. Users who access the Web Site from other jurisdictions do so at their own initiative and are responsible for compliance with any local laws. You agree that What2Buy4Kids Limited may sub-contract the performance of any of its obligations or may assign these terms and conditions or any of its rights or obligations under them without notice. What2Buy4Kids Limited may delay enforcing its rights under these terms and conditions without losing them. If any provision of these terms and conditions is found to be unenforceable this shall not affect the validity of any other provision. What2Buy4Kids Limited may amend, vary or supplement these terms and conditions at any time. What To Buy For Kids Limited will post a notice of any such amendments on this Web Site and such amended terms and conditions will automatically be effective. These terms and conditions (as varied from time to time) form the entire agreement of the parties and supersede all previous agreements, understandings, and representations relating to their subject matter.