Terms & Conditions

/Terms & Conditions
Terms & Conditions 2017-04-28T09:59:34+00:00

Terms and conditions of sale via website (B2C): cover

  1. This template legal document was produced and published by SEQ Legal LLP.
  2. We control the copyright in this template, and you may only use this template in accordance with the licensing provisions in our terms and conditions.
  3. The current version of our terms and conditions is available at: http://www.website-contracts.co.uk/our-terms-and-conditions.html.
  4. You will need to edit this template before use. Guidance notes to help you do so are set out at the end of the template. During the editing process, you should delete those guidance notes and this cover sheet. Square brackets in the body of the document indicate areas that require editorial attention. “ORs” in the body of the document indicate alternative provisions. By the end of the editing process, there should be no square brackets left in the body of the document, and only one alternative from each set of alternatives should remain. Elements may be specified as optional in the accompanying notes, but that does not mean that they are in all cases removable. Depending upon the circumstances, an optional element may be: (i) required by law; or (ii) necessary to ensure that the document is internally consistent.
  5. The template is intended for use on websites that are run by operators situated in England and Wales and focused on users situated in England and Wales; it can be adapted for use in relation to other jurisdictions, although this should only be done by someone with the requisite familiarity with the law of the relevant jurisdiction.
  6. If you have any doubts about the editing or use of this template, you should seek professional legal advice.
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Terms and conditions of sale

  1. Introduction

1.1    These terms and conditions shall govern the sale and purchase of products through our website.

1.2    This document does not affect any statutory rights you may have as a consumer (such as rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 or the Consumer Rights Act 2015).

  1. Interpretation

2.1    In these terms and conditions:

(a)    “we” means The Baby Bag company Limited; and

(b)    “you” means our customer or prospective customer,

and “us”, “our” and “your” should be construed accordingly.

  1. Order process

3.1    The advertising of products on our website constitutes an “invitation to treat” rather than a contractual offer.

3.2    No contract will come into force between you and us unless and until we accept your order in accordance with the procedure set out in this Section 3.

3.3    To enter into a contract through our website to purchase products from us, the following steps must be taken: you must add the products you wish to purchase to your shopping cart, and then proceed to the checkout; if you are a new customer, you must then create an account with us and log in or log in as a guest; if you are an existing customer, you must enter your login details; once you are logged in, you must select your preferred method of delivery and confirm your order and your consent to the terms of this document; you will be transferred to our payment service provider’s website, and our payment service provider will handle your payment; we will then send you an initial acknowledgement; and once we have checked whether we are able to meet your order, we will either send you an order confirmation (at which point your order will become a binding contract) or we will confirm by email that we are unable to meet your order.

3.4    You will have the opportunity to identify and correct input errors prior to making your order by clicking on previous orders.

  1. Products

4.1    We may periodically change the products available on our website, and we do not undertake to continue to supply any particular product or type of product.

  1. Prices

5.1    Our prices are quoted on our website.

5.2    We will from time to time change the prices quoted on our website, but this will not affect contracts that have previously come into force.

5.3    All amounts stated in these terms and conditions or on our website are stated inclusive of VAT.

5.4    It is possible that prices on the website may be incorrectly quoted; accordingly, we will verify prices as part of our sale procedures so that the correct price will be notified to you before the contract comes into force.

5.5    In addition to the price of the products, you will have to pay a delivery charge, which will be notified to you before the contract of sale comes into force.

  1. Payments

6.1    You must, during the checkout process, pay the prices of the products you order.

6.2    Payments may be made by any of the permitted methods specified on our website from time to time.

6.3    If you fail to pay to us any amount due under these terms and conditions in accordance with the provisions of these terms and conditions, then we may withhold the products ordered and/or by written notice to you at any time cancel the contract of sale for the products.

6.4    If you make an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 7 days following the date of our written request:

(a)    an amount equal to the amount of the charge-back;

(b)    all third party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer);

(c)    an administration fee of GBP 25.00 including VAT; and

(d)    all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this Section 6.4 (including without limitation legal fees and debt collection fees),

and for the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back for the purposes of this Section 6.4.

  1. Deliveries

7.1    Our policies and procedures relating to the delivery of products are set out in this Section 7 and in our delivery policy document.

7.2    We will arrange for the products you purchase to be delivered to the delivery address you specify during the checkout process.

7.3    We will use reasonable endeavours to deliver your products on or before the date for delivery set out in the order confirmation or, if no date is set out in the order confirmation, within 7 days following the date of the order confirmation; however, we do not guarantee delivery by this date.

7.4    We do guarantee that unless there are exceptional circumstances all deliveries of products will be dispatched within 2 days following the later of receipt of payment and the date of the order confirmation.

 

  1. Distance contracts: cancellation right

8.1    This Section 8 applies if and only if you offer to contract with us, or contract with us, as a consumer – that is, as an individual acting wholly or mainly outside your trade, business, craft or profession.

8.2    You may withdraw an offer to enter into a contract with us through our website or cancel a contract entered into with us through our website (without giving any reason for your withdrawal or cancellation) at any time within the period:

(a)    beginning upon the submission of your offer; and

(b)    ending at the end of 14 days after the day on which the products come into your physical possession or the physical possession of a person identified by you to take possession of them (or, if the contract is for delivery of multiple products, lots or pieces of something, 14 days after the day on which the last of those products, lots or pieces comes into your physical possession or the physical possession of a period identified by you to take possession of them).

8.3    In order to withdraw an offer to contract or cancel a contract on the basis described in this Section 8, you must inform us of your decision to withdraw or cancel (as the case may be). You may inform us by means of any clear statement setting out the decision. In the case of cancellation, you may inform us using the cancellation form that we will make available to you. To meet the cancellation deadline, it is sufficient for you to send your communication concerning the exercise of the right to cancel before the cancellation period has expired.

8.4    If you cancel a contract on the basis described in this Section 8, you must send the products back to us (to 2-8 Games Road, Woodgate House, Barnet, Herts, EN4 9HN) or hand them over to us or a person authorised by us to receive them. You must comply with your obligations referred to in this Section 8 without undue delay and in any event not later than 14 days after the day on which you inform us of your decision to cancel the contract. You must pay the direct cost of returning the products.

8.5    If you cancel an order in accordance with this Section 8, you will receive a full refund of the amount you paid to us in respect of the order including the costs of delivery to you, except:

(a)    if you chose a kind of delivery costing more than the least expensive kind of delivery that we offer, we reserve the right to retain the difference in cost between the kind of delivery you chose and the least expensive kind of delivery that we offer; and

(b)    as otherwise provided in this Section 8.

8.6    If the value of the products returned by you is diminished by any amount as a result of the handling of those products by you beyond what is necessary to establish the nature, characteristics and functioning of the products, we may recover that amount from you up to the contract price. We may recover that amount by deducting it from any refund due to you or require you to pay that amount direct to us. Handling which goes beyond the sort of handling that might reasonably be allowed in a shop will be “beyond what is necessary to establish the nature, characteristics and functioning of the products” for these purposes.

8.7    We will refund money using the same method used to make the payment, unless you have expressly agreed otherwise. In any case, you will not incur any fees as a result of the refund.

8.8    Unless we have offered to collect the products, we will process a refund due to you as a result of a cancellation on the basis described in this Section 8 within the period of 14 days after the day on which we receive the returned products or (if earlier) after the day on which you supply to us evidence of having sent the products back. If we have not sent the products to you at the time of withdrawal or cancellation or have offered to collect the products, we will process a refund due to you without undue delay and, in any case, within the period of 14 days after the day on which we are informed of the withdrawal or cancellation.

8.9    You will not have any right to cancel a contract as described in this Section 8 insofar as the contract relates to:

(a)    the supply of any sealed audio recordings, sealed video recordings or sealed computer software which have been unsealed by you;

(b)    the supply of products the price of which is dependent upon fluctuations in financial markets which we cannot control and which may occur during the cancellation period;

(c)    the supply of newspapers, periodicals or magazines, with the exception of subscription contracts for the supply of such publications;

(d)    the supply of goods which are liable to deteriorate or expire rapidly;

(e)    the supply of non-prefabricated goods that are made on the basis of an individual choice of or decision by you, or goods that are clearly personalised;

(f)    the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons, where such goods have been unsealed by you; or

(g)    the supply of goods which are, according to their nature, inseparably mixed with other items after delivery.

  1. Warranties and representations

9.1    You warrant and represent to us that:

(a)    you are legally capable of entering into binding contracts;

(b)    you have full authority, power and capacity to agree to these terms and conditions;

(c)    all the information that you provide to us in connection with your order is true, accurate, complete and non-misleading; and

(d)    you will be able to take delivery of the products in accordance with these terms and conditions[ and our delivery policy].

9.2    We warrant to you that:

(a)    we have the right to sell the products that you buy;

(b)    the products we sell to you are sold free from any charge or encumbrance, except as specified in these terms and conditions;

(c)    you shall enjoy quiet possession of the products you buy, except as specified in these terms and conditions;

(d)    the products you buy will correspond to any description published on our website; and

(e)    the products you buy will be of satisfactory quality.

9.3    All of our warranties and representations relating to the supply of products are set out in these terms and conditions. To the maximum extent permitted by applicable law and subject to Section 10.1, all other warranties and representations are expressly excluded.

  1. Limitations and exclusions of liability

10.1  Nothing in these terms and conditions will:

(a)    limit or exclude any liability for death or personal injury resulting from negligence;

(b)    limit or exclude any liability for fraud or fraudulent misrepresentation;

(c)    limit any liabilities in any way that is not permitted under applicable law; or

(d)    exclude any liabilities that may not be excluded under applicable law,

and, if you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.

10.2  The limitations and exclusions of liability set out in this Section 10 and elsewhere in these terms and conditions:

(a)    are subject to Section 10.1; and

(b)    govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

10.3  We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

10.4  We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

10.5  You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

 

  1. Order cancellation

11.1  We may cancel a contract under these terms and conditions immediately, by giving you written notice of termination, if:

(a)    you fail to pay, on time and in full, any amount due to us under that contract; or

(b)    you commit any material breach of that contract.

11.2  You may cancel a contract under these terms and conditions immediately, by giving us written notice of termination, if we commit any material breach of that contract.

11.3  We may cancel a contract under these terms and conditions by written notice to you if we are prevented from fulfilling that contract by any event beyond our reasonable control, including without limitation any unavailability of raw materials, components or products, or any power failure, industrial dispute affecting any third party, governmental regulations, fire, flood, disaster, riot, terrorist attack or war.

  1. Consequences of order cancellation

12.1  If a contract under these terms and conditions is cancelled in accordance with Section 11:

(a)    we will cease to have any obligation to deliver products which are undelivered at the date of cancellation;

(b)    you will continue to have an obligation where applicable to pay for products which have been delivered at the date of cancellation (without prejudice to any right we may have to recover the products); and

(c)    all the other provisions of these terms and conditions will cease to have effect, except that [Sections 1.3, 6.4, 10, 15, 16, 17, 18, 19 and 20] will survive termination and continue in effect indefinitely.

  1. Scope

13.1  These terms and conditions shall not constitute or effect any assignment or licence of any intellectual property rights.

13.2  These terms and conditions shall not govern the licensing of works (including software and literary works) comprised or stored in products.

13.3  These terms and conditions shall not govern the provision of any services by us or any third party in relation to the products (other than delivery services).

  1. Variation

14.1  We may revise these terms and conditions from time to time by publishing a new version on our website.

14.2  A revision of these terms and conditions will apply to contracts entered into at any time following the time of the revision, but will not affect contracts made before the time of the revision.

  1. Assignment

15.1  You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions – providing, if you are a consumer, that such action does not serve to reduce the guarantees benefiting you under these terms and conditions.

15.2  You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

  1. No waivers

16.1  No breach of any provision of a contract under these terms and conditions will be waived except with the express written consent of the party not in breach.

16.2  No waiver of any breach of any provision of a contract under these terms and conditions shall be construed as a further or continuing waiver of any other breach of that provision or any breach of any other provision of that contract.

  1. Severability

17.1  If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

17.2  If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

  1. Third party rights

18.1  A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

18.2  The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.

  1. Entire agreement

19.1  Subject to Section 10.1, these terms and conditions, together with our delivery policy and our returns policy, shall constitute the entire agreement between you and us in relation to the sale and purchase of our products and shall supersede all previous agreements between you and us in relation to the sale and purchase of our products.

  1. Law and jurisdiction

20.1  These terms and conditions shall be governed by and construed in accordance with English law.

20.2  Any disputes relating to these terms and conditions shall be subject to the exclusive England.

  1. Statutory and regulatory disclosures

21.1  We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.

21.2  These terms and conditions are available in the English language only.

21.3  The website of the European Union’s online dispute resolution platform is available at https://webgate.ec.europa.eu/odr/main. The online dispute resolution platform may be used for resolving disputes.

  1. Our details

22.1  This website is owned and operated by The Baby Bag Company Limited.

22.2  We are registered in [England and Wales] under registration number 10465132, and our registered office is at Woodgate House, Helen Nicholas Accounting, 2-8 Games Road, Cockfosters, United Kingdom, EN4 9HN

22.3  Our principal place of business is at Woodgate House, Helen Nicholas Accounting, 2-8 Games Road, Cockfosters, United Kingdom, EN4 9HN

22.4  You can contact us:

(a)    by post, using the postal address given above;

(b)    using our website contact form;

(c)    by telephone, on the contact number published on our website from time to time; or

(d)    by email, using the email address published on our website from time to time.

Delivery policy

  1. Introduction

1.1    In this policy we set out details of the delivery methods, periods and charges that apply to orders for our products made through our website or by telephone or email.

1.2    This policy is a legally binding document, and this policy shall form part of the contract of sale between you and us made under our terms and conditions of sale.

  1. Free delivery

2.1    We offer free standard delivery to all mainland UK addresses on all orders over GBP 100 (including VAT).

2.2    All other orders will be subject to delivery charges as detailed in Section 5.

  1. Geographical limitations

3.1    We will usually be able to deliver to the following countries and territories: England, Scotland, Wales and Northern Ireland.

3.2    We may from time to time agree to delivery products to other countries and territories.

  1. Delivery methods and periods

4.1    The methods that we use to deliver our products, and the time periods within which delivery is usually completed, are as follows:

(a)    if your delivery address is on the United Kingdom mainland, you will be able to select standard delivery, and the typical period for delivery of products by this method is 3 working days.

(b)    if your delivery address is on the United Kingdom mainland, you will be able to select next day delivery, and the typical period for delivery of products by this method is 1 working days.

4.2    If you place your order by 4pm GMT/BST  on a working day, these time periods run from the close of business on that day; if you place your order after 4pm GMT/BST on a working day, or on a non-working day, these time periods run from the close of business on the next following working day.

4.3    The delivery periods set out in this Section 4 are indicative only, and whilst we will make every effort to ensure that you receive your delivery in good time, we do not guarantee delivery before the end of the stated period.

4.4    We may conduct fraud screening checks before dispatching the product, and these checks may delay your delivery. If the delivery is likely to be delayed as a result of fraud screening checks, we will notify you.

  1. Delivery charges

5.1    Delivery charges will be calculated by our website and automatically applied to your order during the checkout process, or alternatively quoted by us.

5.2    Applicable delivery charges will depend upon the delivery method you select, the location of the delivery address, and the size and weight of the products in your order.

5.3    Our delivery charges are as follows:

(a)    in respect of Royal Mail Standard Delivery delivery charges will be £3.95

(a)    in respect of Royal Mail Next Delivery delivery charges will be £5.95

  1. Delivery tracking

6.1    Delivery tracking is available in respect of all orders for our products.

 

  1. Receipt and signature

7.1    All deliveries must be received in person at the delivery address, and a signature must be provided.

7.2    Our delivery service provider will notify you in advance of attempting to make a delivery requiring signature.

  1. Additional deliveries

8.1    If an initial delivery attempt is unsuccessful, our delivery service provider will make at least 1 more attempt to deliver the products in your order.

  1. Collection

9.1    If your products remain undelivered despite our delivery service provider making at least 1 more attempt to deliver them, the delivery service provider will leave a card at your address, with instructions on how you may collect your products, including a time limit for collection.

  1. Delivery problems

10.1  If you experience any problems with a delivery, please contact us using the contact details that we publish on our website or otherwise notify to you.

10.2  If our delivery service provider is unable to deliver your products, and such failure is your fault, and you do not collect your products from our delivery service provider within the relevant time limit, we may agree to arrange for re-delivery of the products; however, we reserve the right to charge you for the actual costs of re-delivery (even where the initial delivery was free of charge).

10.3  An indicative list of the situations where a failure to deliver will be your fault is set out below:

(a)    you provided the wrong address for delivery;

(b)    there is a mistake in the address for delivery that was provided;

(c)    the address for delivery is not reasonably accessible;

(d)    the address for delivery cannot safely be accessed;

(e)    if in-person receipt is not required, there is no easy and secure means of leaving the products at the address for delivery and there is no person available to accept delivery; or

(f)    if in-person receipt is required, there is no person available at the address for delivery to accept delivery and provide a signature.

 

Returns policy

  1. Introduction

1.1    We understand that from time to time you may wish to return a product to us.

1.2    We have created this policy to enable you to return products to us in appropriate circumstances.

1.3    This policy shall apply to all of our customers, irrespective of their geographical location.

1.4    This policy shall apply to all orders submitted through our website.

1.5    This document does not affect any statutory rights you may have as a consumer (such as rights under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 or the Consumer Rights Act 2015).

  1. Returns

2.1    If you have no other legal right to return a product and receive a refund or exchange, then you will nonetheless be entitled to return a product to us and receive a refund in accordance with this policy if:

(a)    we receive the returned product within 14 days following the date of dispatch of the product to you;

(b)    the returned product is unused, in its original unopened packaging (with any seal or shrink-wrap intact), with any labels still attached, and otherwise in a condition enabling us to sell the product as new;

(c)    you comply with the procedure set out in this policy in relation to the return of the product; and

(d)    none of the exclusions set out in this policy apply.

  1. Returns procedure

3.1    In order to take advantage of your rights under this policy, you must [contact us to obtain a return authorisation number, and then send the product to us with a covering note quoting that number.

3.2    Products returned under this policy must be sent by Royal Mail Signed For delivery to Woodgate House, 2-8 Games Road, Cockfosters, United Kingdom, EN4 9HN

3.3    You will be responsible for paying postage costs associated with returns under this policy.

  1. Exclusions

4.1    The following types of product may not be returned under this policy:

(á)    toiletries and cosmetics;

(b)    any product made to your specification;

(c)    any product made to order;

(d)    any product personalised or adapted for you; or

(e)    gift vouchers.

 

  1. Refunds

5.1    We will give you a refund for the price you paid to us in respect of any product properly returned by you in accordance with this policy.

5.2    We will not refund to you the original delivery charges relating to the returned product.

5.3    We will not refund to you any costs you incur in returning the product to us.

5.4    We will usually refund any money received from you using the same method originally used by you to pay for your purchase.

5.5    We will process the refund due to you as soon as possible and, in any event, within 30 days following the day we receive your returned product.

  1. Improper returns

6.1    If you return a product in contravention of this policy, and you do not have any other legal right to a refund or exchange in respect of that product:

(a)    we will not refund the purchase price or exchange the product;

(b)    we may retain the returned product until you pay to us such additional amount as we may charge for re-delivery of the returned product; and

(c)    if we do not receive payment of such additional amount within 14 days of issuing a request for payment, we may destroy or otherwise dispose of the returned product in our sole discretion without any liability to you.

  1. Our details

7.1    This website is owned and operated by The Baby Bag Company Limited.

7.2    Our principal place of business is at Woodgate House, 2-8 Games Road, Cockfosters, United Kingdom, EN4 9HN

7.3    You can contact us:

(a)    by post, using the postal address given above;

(b)    using our website contact form;

(c)    by telephone, on [the contact number published on our website from time to time; or

(d)    by email, using [the email address published on our website from time to time.

 

Terms and conditions of use

  1. Introduction

1.1    These terms and conditions shall govern your use of our website.

1.2    By using our website, you accept these terms and conditions in full; accordingly, if you disagree with these terms and conditions or any part of these terms and conditions, you must not use our website.

1.3    If you register with our website or make a purchase on our website, we will ask you to expressly agree to these terms and conditions.

1.4    You must be at least 16 years of age to use our website; by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 16 years of age.

1.5    Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy and cookies policy.

  1. Copyright notice

2.1    Copyright (c) 2017 The Baby Bag Company Limited

2.2    Subject to the express provisions of these terms and conditions:

(a)    we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and

(b)    all the copyright and other intellectual property rights in our website and the material on our website are reserved.

  1. Licence to use website

3.1    You may:

(a)    view pages from our website in a web browser;

(b)    download pages from our website for caching in a web browser;

(c)    print pages from our website;

subject to the other provisions of these terms and conditions.

3.2    Except as expressly permitted by Section 3.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.

3.3    You may only use our website for your own personal and business purposes, and you must not use our website for any other purposes.

3.4    Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.

3.5    Unless you own or control the relevant rights in the material, you must not:

(a)    republish material from our website (including republication on another website);

(b)    sell, rent or sub-license material from our website;

(c)    show any material from our website in public;

(d)    exploit material from our website for a commercial purpose; or

(e)    redistribute material from our website.

3.6    Notwithstanding Section 3.5, you may redistribute our blog in print and electronic form to any person.

3.7    We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

  1. Acceptable use

4.1    You must not:

(a)    use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;

(b)    use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(c)    use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

(d)    conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;

(e)    access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;

(f)    violate the directives set out in the robots.txt file for our website; or

(g)    use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).

4.2    You must not use data collected from our website to contact individuals, companies or other persons or entities.

4.3    You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.

  1. Products

5.1    The advertising of products on our website constitutes an “invitation to treat” rather than a contractual offer.

5.2    We may periodically change the products available on our website, and we do not undertake to continue to supply any particular product or type of product.

5.3    Prices stated on our website may be stated incorrectly.

5.4    The sale and purchase of products through our website will be subject to terms and conditions of sale, and we will ask you to agree to the terms of that document each time you make a purchase on our website.

5.5    Any product reviews that you submit for publication on our website shall be subject to the terms of Section 9 and Section 10.

  1. Registration and accounts

6.1    To be eligible for an account on our website under this Section 6, you must be resident or situated in the United Kingdom.

6.2    You may register for an account with our website by completing and submitting the account registration form on our website, and clicking on the verification link in the email that the website will send to you.

6.3    You must not allow any other person to use your account to access the website.

6.4    You must notify us in writing immediately if you become aware of any unauthorised use of your account.

6.5    You must not use any other person’s account to access the website.

 

  1. User login details

7.1    If you register for an account with our website you will be asked to choose a user ID and password.

7.2    Your user ID must not be liable to mislead and must comply with the content rules set out in Section 10; you must not use your account or user ID for or in connection with the impersonation of any person.

7.3    You must keep your password confidential.

7.4    You must notify us in writing immediately if you become aware of any disclosure of your password.

7.5    You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.

  1. Cancellation and suspension of account

8.1    We may:

(a)    suspend your account;

(b)    cancel your account; and/or

(c)    edit your account details,

at any time in our sole discretion without notice or explanation.

8.2    You may cancel your account on our website using your account control panel on the website.

  1. Your content: licence

9.1    In these terms and conditions, “your content” means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.

9.2    You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store and publish your content on and in relation to this website and any successor website

9.3    You grant to us the right to sub-license the rights licensed under Section 9.2.

9.4    You grant to us the right to bring an action for infringement of the rights licensed under Section 9.2.

9.5    You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.

9.6    You may edit your content to the extent permitted using the editing functionality made available on our website.

9.7    Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.

  1. Your content: rules

10.1  You warrant and represent that your content will comply with these terms and conditions.

10.2  Your content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

10.3  Your content, and the use of your content by us in accordance with these terms and conditions, must not:

(a)    be libellous or maliciously false;

(b)    be obscene or indecent;

(c)    infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;

(d)    infringe any right of confidence, right of privacy or right under data protection legislation;

(e)    constitute negligent advice or contain any negligent statement;

(f)    constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;

(g)    be in contempt of any court, or in breach of any court order;

(h)    be in breach of racial or religious hatred or discrimination legislation;

(i)     be blasphemous;

(j)     be in breach of official secrets legislation;

(k)    be in breach of any contractual obligation owed to any person;

(l)     depict violence in an explicit, graphic or gratuitous manner;

(m)   [be pornographic, lewd, suggestive or sexually explicit;

(n)    be untrue, false, inaccurate or misleading;

(o)    consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;

(p)    constitute spam;

(q)    be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or

(r)    cause annoyance, inconvenience or needless anxiety to any person.

 

  1. Report abuse

11.1  If you learn of any unlawful material or activity on our website, or any material or activity that breaches these terms and conditions, please let us know.

11.2  You can let us know about any such material or activity by email or using our abuse reporting form.

  1. Limited warranties

12.1  We do not warrant or represent:

(a)    the completeness or accuracy of the information published on our website;

(b)    that the material on the website is up to date; or

(c)    that the website or any service on the website will remain available.

12.2  We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.

12.3  To the maximum extent permitted by applicable law and subject to Section 13.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.

  1. Limitations and exclusions of liability

13.1  Nothing in these terms and conditions will:

(a)    limit or exclude any liability for death or personal injury resulting from negligence;

(b)    limit or exclude any liability for fraud or fraudulent misrepresentation;

(c)    limit any liabilities in any way that is not permitted under applicable law; or

(d)    exclude any liabilities that may not be excluded under applicable law.

13.2  The limitations and exclusions of liability set out in this Section 13 and elsewhere in these terms and conditions:

(a)    are subject to Section 13.1; and

(b)    govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

13.3  To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.

13.4  We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

13.5  We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

13.6  We will not be liable to you in respect of any loss or corruption of any data, database or software.

13.7  We will not be liable to you in respect of any special, indirect or consequential loss or damage.

13.8  You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

  1. Breaches of these terms and conditions

14.1  Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

(a)    send you one or more formal warnings;

(b)    temporarily suspend your access to our website;

(c)    permanently prohibit you from accessing our website;

(d)    block computers using your IP address from accessing our website;

(e)    contact any or all of your internet service providers and request that they block your access to our website;

(f)    commence legal action against you, whether for breach of contract or otherwise; and/or

(g)    suspend or delete your account on our website.

 

14.2  Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

  1. Third party websites

15.1  Our website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.

15.2  We have no control over third party websites and their contents, and subject to Section 13.1 we accept no responsibility for them or for any loss or damage that may arise from your use of them.

  1. Trade marks

16.1  The Baby Bag Company Limited logos and our other registered and unregistered trade marks are trade marks belonging to us; we give no permission for the use of these trade marks, and such use may constitute an infringement of our rights.

16.2  The third party registered and unregistered trade marks or service marks on our website are the property of their respective owners and, unless stated otherwise in these terms and conditions, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.

  1. Variation

17.1  We may revise these terms and conditions from time to time.

17.2  The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.

17.3  If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the website, and you must stop using the website.

  1. Assignment

18.1  You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.

18.2  You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

  1. Severability

19.1  If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

19.2  If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

  1. Third party rights

20.1  A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

20.2  The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.

  1. Entire agreement

21.1  Subject to Section 13.1, these terms and conditions, together with [our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.

  1. Law and jurisdiction

22.1  These terms and conditions shall be governed by and construed in accordance with English law.

22.2  Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.

  1. Statutory and regulatory disclosures

23.1  We are registered in Companies House; you can find the online version of the register at https://beta.companieshouse.gov.uk/company/10465132, and our registration number is 10465132.

 

  1. Our details

24.1  This website is owned and operated by The Baby Bag Company Limited.

24.2  We are registered in England and Wales under registration number 10465132, and our registered office is at Woodgate House, 2-8 Games Road, Cockfosters, United Kingdom, EN4 9HN.

24.3  Our principal place of business is at Woodgate House, 2-8 Games Road, Cockfosters, United Kingdom, EN4 9HN.

24.4  You can contact us:

(a)    by post, using the postal address given above;

(b)    using our website contact form;

(c)    by telephone, on [the contact number published on our website from time to time; or

(d)    by email, using [the email address published on our website from time to time.