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Terms and Conditions – Online Supply of Goods

Terms and Conditions – Online Supply of Goods

If you are a consumer:

Where to find information about us and our products

You can find everything you need to know about us, Toddle Born Wild Limited, and our products on our website before you order. We also confirm the key information to you in writing after you order, either by email, in your online account or on paper.

When you buy from us you are agreeing that:

  • We only accept orders when we’ve checked them.
  • Sometimes we reject orders.
  • We charge you when we accept your order.
  • We charge interest on late payments.
  • We pass on some increases in VAT.
  • We’re not responsible for delays outside our control.
  • Products can vary slightly from their pictures.
  • We charge you if you don’t give us information we need.
  • If you bought online, have a legal right to change your mind.
  • You can end an on-going contract (find out how).
  • You have rights if there is something wrong with your product.
  • We can change products and these terms.
  • We can suspend supply (and you have rights if we do).
  • We can withdraw products.
  • We can end our contract with you.
  • We don’t compensate you for all losses caused by us or our products.
  • We use your personal data as set out in our Privacy Notice.
  • You have several options for resolving disputes with us.
  • Other important terms apply to our contract.

We only accept orders when we’ve checked them

We accept your order when you receive an email from us confirming that we have accepted it.

Sometimes we reject orders

Sometimes we reject orders, for example, because a product is unexpectedly out of stock, because a credit reference we have obtained is unsatisfactory, because you are located outside our delivery areas, or because the product was mispriced by us. When this happens, we let you know as soon as possible and refund any sums you have paid.

We charge you when we accept your order

However, for some products, we may take payment at regular intervals, as explained to you during the order process. You will own your product once we have received payment in full.

We charge interest on late payments

Where payments are made at regular intervals and we’re unable to collect any payment you owe us, we charge interest on the overdue amount at the rate of 4% a year above the Bank of England base rate from time to time. This interest accrues on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You pay us the interest together with any overdue amount.

We pass on some increases in VAT

If the rate of VAT changes between your order date and the date we supply the product, we adjust the rate of VAT that you pay, unless you have already paid in full before the change in the rate of VAT takes effect.

We’re not responsible for delays outside our control

If our supply of your product is delayed by an event outside our control, we contact you as soon as possible to let you know and do what we can to reduce the delay. As long as we do this, we won’t compensate you for the delay, but if the delay is likely to be substantial you can contact us by email at customerservice@toddle.me. to end the contract and receive a refund for any products you have paid for, but not received, less reasonable costs we have already incurred.

Products can vary slightly from their pictures

A product’s true colour may not exactly match that shown on your device or its packaging may be slightly different.

We charge you if you don’t give us information we need

We charge you additional sums if you don’t give us information we’ve asked for about how we can access your property for delivery. For example, we might need to re-deliver on another vehicle.

If you bought online, you have a legal right to change your mind

Your legal right to change your mind. For most of our products bought online, you have a legal right to change your mind about your purchase and receive a refund of what you paid for it, including the delivery costs. This is subject to some conditions, as set out below.

When you can’t change your mind. You can’t change your mind about an order for:

  • products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;
  • goods that are made to your specifications or are clearly personalised; and
  • goods which become mixed inseparably with other items after their delivery.

The deadline for changing your mind. If you change your mind about a product you must let us know no later than 14 days after the day we deliver it. If the product is for regular delivery (for example, a subscription), you can only change your mind after the first delivery. If your purchase is split into several deliveries over different days, the period runs from the day after the last delivery.

How to let us know. To let us know you want to change your mind, contact us by email at customerservice@toddle.me

You have to return the product at your own cost. You have to return your product (and any free gifts provided with it) to us within 14 days of your telling us you have changed your mind. Returns are at your own cost, unless we offered free returns when you bought the product. You can:

  • arrange for the product to be returned by contacting us by email at customerservice@toddle.me. You will need your email receipt and the card you paid with.
  • send the product back to us, using an established delivery service. If you do this, you should keep a receipt or other evidence from the delivery service that proves you have sent it and when you sent it. If you don’t do this and we don’t receive the product at all or within a reasonable time we won’t refund you the price.

We only refund standard delivery costs. We don’t refund any extra you have paid for express delivery or delivery at a particular time.

We reduce your refund if you have used or damaged a product. If you handle the product in a way which would not be acceptable in-store, we reduce your refund, to compensate us for its reduced value. For example, we reduce your refund if the product’s condition is not “as new”, price tags have been removed, the product-branded packaging is damaged or accessories are missing. In some cases, because of the way you have treated the product, no refund may be due.

When and how we refund you. If you tell us you’ve changed your mind about a product that hasn’t been delivered or one that we’re collecting from you, we refund you as soon as possible and within 14 days. If you’re sending your product back to us, we refund you within 14 days of receiving it (or receiving evidence you’ve sent it to us). We refund you by the method you used for payment. We don’t charge a fee for the refund.

You can end an on-going contract (find out how)

We tell you when and how you can end an on-going contract with us (for example, for an on-going subscription for products) during the order process and we confirm this information to you in writing after we’ve accepted your order. If you have any questions, please contact us by email at customerservice@toddle.me

You have rights if there is something wrong with your product

If you think there is something wrong with your product, you must contact us by email at customerservice@toddle.me. We honour our legal duty to provide you with products that are as described to you on our website and that meet all the requirements imposed by law. Remember too that You have several options for resolving disputes with us.

We can change products and these terms

Changes we can always make. We can always change a product:

  • to reflect changes in relevant laws and regulatory requirements; and
  • to make minor technical adjustments and improvements. These are changes that don’t affect your use of the product.

Changes we can only make if we give you notice and an option to terminate. We can also make changes to the product or these terms that do not fall into the two categories outlined above, but if we do so we’ll notify you and you can then contact us by email at Customerservice@toddle.me to end the contract before the change takes effect and receive a refund for any products you’ve paid for, but not received.

We can suspend supply (and you have rights if we do)

We can suspend the supply of a product. We do this to:

  • deal with technical problems or make minor technical changes;
  • update the product to reflect changes in relevant laws and regulatory requirements; or
  • make changes to the product (see We can change products and these terms).

We let you know, may adjust the price and may allow you to terminate. We contact you in advance to tell you we’re suspending supply unless the problem is urgent or an emergency. If we suspend the product we adjust the price so you don’t pay for it while its suspended.

We can withdraw products

We can stop providing a product, for example where is an on-going subscription for products. We let you know at least 30 days in advance and we refund any sums you’ve paid in advance for products which won’t be provided.

We can end our contract with you

We can end our contract with you for a product and claim any compensation due to us if:

  • you don’t, within a reasonable time of us asking for it, provide us with information, cooperation or access that we need to provide the product, for example, delivery address or access information;
  • you don’t, within a reasonable time, either allow us to deliver the product to you or collect it from us; or
  • where we have an on-going contract with you, you don’t make any payment to us when its due and you still don’t make payment within 14 days of us reminding you that payment is due.

We don’t compensate you for all losses caused by us or our products

We’re responsible for losses you suffer caused by us breaking this contract unless the loss is:

  • Unexpected. It was not obvious that it would happen and nothing you said to us before we accepted your order meant we should have expected it (so, in the law, the loss was unforeseeable).
  • Caused by a delaying event outside our control. As long as we have taken the steps set out in the section We’re not responsible for delays outside our control.
  • Something you could have avoided by taking reasonable action, including following our reasonable instructions for use.
  • A business loss. It relates to your use of a product for the purposes of your trade, business, craft or profession.

We use your personal data as set out in our Privacy Notice

How we use any personal data you give us is set out in our Privacy Notice: https://toddle.me/privacy-policy/.

You have several options for resolving disputes with us

Contact our Customer Service Team: By email at customerservice@toddle.me. Our Customer Service Team will do their best to resolve any problems you have with us or our products.

You can go to court. These terms are governed by English law and wherever you live you can bring claims against us in the English courts. If you live in Wales, Scotland or Northern Ireland, you can also bring claims against us in the courts of the country you live in. We can claim against you in the courts of the country you live in.

Other important terms apply to our contract

We can transfer our contract with you, so that a different organisation is responsible for supplying your product. We’ll tell you in writing if this happens and we’ll ensure that the transfer won’t affect your rights under the contract.

You can only transfer an on-going contract with us to someone else if we agree to this in writing. We can require the new owner to prove you transferred the product to them.

Nobody else has any rights under this contract. This contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it.

If a court invalidates some of this contract, the rest of it will still apply. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply.

Even if we delay in enforcing this contract, we can still enforce it later. We might not immediately chase you for not doing something (like paying) or for doing something you’re not allowed to, but that doesn’t mean we can’t do it later.

 

If you are a business:

AGREED TERMS

  1. About us
    • Company details. Toddle Born Wild Limited (company number 10353834) (we and us) is a company registered in England and Wales and our registered office and main trading address is at Bank Chambers, High Street, Newbridge, Newport, United Kingdom, NP11 4EY. Our VAT number is 267 2225 05. We operate the website Children’s Natural Skincare – Toddle Born Wild.
    • Contacting us. To contact us email our customer service team at customerservice@toddle.me. How to give us formal notice of any matter under the Contract is set out in clause 2.
  2. Our contract with you
    • Our contract. These terms and conditions (Terms) apply to the order by you and supply of goods by us to you (Contract). No other terms are implied by trade, custom, practice or course of dealing.
    • Entire agreement. The Contract is the entire agreement between us in relation to its subject matter. You acknowledge that you have not relied on any statement, promise or representation or assurance or warranty that is not set out in the Contract.
    • These Terms and the Contract are made only in the English language.
  3. Placing an order and its acceptance
    • Placing your order. Please follow the onscreen prompts to place an order. Each order is an offer by you to buy the goods specified in the order (Goods) subject to these Terms.
    • Correcting input errors. Our order process allows you to check and amend any errors before submitting your order to us. Please check the order carefully before confirming it. You are responsible for ensuring that your order is complete and accurate.
    • Acknowledging receipt of your order. After you place an order, you will receive an email from us acknowledging that we have received it, but please note that this does not mean that your order has been accepted. Our acceptance of your order will take place as described in clause 4.
    • Accepting your order. Our acceptance of your order takes place when we send the email to you to accept it, at which point the Contract between you and us will come into existence.
    • If we cannot accept your order. If we are unable to supply you with the Goods for any reason, we will inform you of this by email and we will not process your order. If you have already paid for the Goods, we will refund you the full amount including any delivery costs charged as soon as possible.
  4. Our goods
    • The images of the Goods on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Goods. The colour of your Goods may vary slightly from those images.
    • The packaging of your Goods may vary from that shown on images on our site.
  5. Return and refund
    • You may cancel the Contract and receive a refund, if you notify us as set out in clause 3 within 7 days of your receipt of our email accepting your order.
    • To cancel the Contact you must email us at customerservice@toddle.me. In your email, please include details of your order to help us to identify it. The cancellation is effective from the date you send us the email. For example, you will have given us notice in time as long as you email us before midnight on the last day of the cancellation period.
    • If you have returned the Goods to us under this clause 5 because they are faulty or mis-described, we will refund the price of the Goods.
    • If Goods have been delivered to you before you decide to cancel the Contract then you must return them to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. Please email us at customerservice@toddle.me to discuss how to return the Goods.
  6. Delivery, transfer of risk and title
    • We will contact you with an estimated delivery date. We will use reasonable endeavours for delivery to be within 7 days after the date on which we email you to confirm our acceptance of your order. Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 13 for our responsibilities when this happens.
    • Delivery is complete once the Goods have been unloaded at the address for delivery set out in your order and the Goods will be at your risk from that time.
    • You own the Goods once we have received payment in full, including of all applicable delivery charges.
    • If we fail to deliver the Goods, our liability is limited to the cost of obtaining replacement goods of a similar description and quality in the cheapest market available, less the price of the Goods. However, we will not be liable to the extent that any failure to deliver was caused by an Event Outside Our Control, or because you failed to provide adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.
    • If you fail to take delivery within 7 days after the day on which we notified you that the Goods were ready for delivery, we may resell part of, or all the Goods. We shall repay you the price you paid for the Goods after deducting reasonable storage, insurance and selling costs and any shortfall between the resale price and the price you paid for the Goods.
  7. International delivery
    • We currently deliver to countries in the European Union, the United States of America, and Australia (International Delivery Destinations). However, there may be restrictions on some Goods for certain International Delivery Destinations.
    • If you order Goods from our site for delivery to one of the International Delivery Destinations, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
    • You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
    • You must comply with all applicable laws and regulations of the country for which the Goods are destined. We will not be liable or responsible if you break any such law.
    • All international deliveries to countries outside the International Delivery Destinations are dealt with on a case-by-case basis. If you wish to order Goods from our site for delivery to a country outside the International Delivery Destinations, please email us at customerservice@toddle.me.
  8. Price of goods and delivery charges
    • The prices of the Goods will be as quoted on our site at the time you submit your order. We use our best efforts to ensure that the prices of Goods are correct at the time when the relevant information was entered onto the system.
    • Prices for our Goods may change from time to time, but changes will not affect any order you have already placed.
    • The price of Goods excludes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Goods in full before the change in VAT takes effect.
    • The price of the Goods does not include delivery charges, unless otherwise agreed by us in writing. Our delivery charges are as advised to you during the check-out process before you confirm your order. Delivery charges may vary.
    • We sell a large number of Goods through our site. It is always possible that, despite our reasonable efforts, some of the Goods on our site may be incorrectly priced. If we discover an error in the price of the Goods you have ordered we will contact you to inform you of this error and we will give you the option of continuing to purchase the Goods at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing. If we mistakenly accept and process your order where a pricing error is obvious and unmistakeable and could reasonably have been recognised by you as a mispricing, we may cancel supply of the Goods and refund you any sums you have paid.
  9. How to pay
    • You can only pay for Goods by bank transfer unless otherwise agreed by us in writing.
    • Payment for the Goods and all applicable delivery charges must be received by us within 28 days from and including the date you received the email confirming acceptance of your order.
    • We charge interest on any amount overdue at a rate of 4% a year above the Bank of England base rate from time to time. This interest accrues on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You pay us the interest together with any overdue amount.
  10. Our warranty for the goods
    • The Goods are intended for use only in the UK. We do not warrant that the Goods comply with the laws, regulations or standards outside the UK.
    • We provide a warranty that on delivery, the Goods shall:
      • subject to clause 4, conform in all material respects with their description;
      • be free from material defects in design, material and workmanship; and
      • be of satisfactory quality (within the meaning of the Sale of Goods Act 1979);
    • Subject to clause 4, if:
      • you give us notice in writing within a reasonable time of discovery that some or all of the Goods do not comply with the warranty set out in clause 2;
      • we are given a reasonable opportunity of examining the Goods; and
      • we ask you to do so, you return the Goods to us at your cost,

we will, at our option, repair or replace the defective Goods, or refund the price of the defective Goods in full.

  • We will not be liable for breach of the warranty set out in clause 2 if:
    • you make any further use of the Goods after giving notice to us under clause 2(c);
    • the defect arises as a result of us following any drawing, design or specification supplied by you;
    • you alter or repair the Goods without our written consent;
    • the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions; or
    • the Goods differ from their description or specification as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.
  • We will only be liable to you for the Goods’ failure to comply with the warranty set out in clause 2 to the extent set out in this clause 10.
  • Except as expressly stated in these Terms, we do not give any representations, warranties or undertakings in relation to the Goods. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Goods are suitable for your purposes.
  • These Terms also apply to any repaired or replacement Goods supplied by us to you.
  1. Our liability: your attention is particularly drawn to this clause
    • References to liability in this clause 11 include every kind of liability arising under or in connection with the Contract including but not limited to liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.
    • We only supply the Goods for internal use by your business, and you agree not to use the Goods for any resale purposes.
    • Nothing in these Terms limits or excludes our liability for:
      • death or personal injury caused by our negligence;
      • fraud or fraudulent misrepresentation;
      • breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession); or
      • any other liability that cannot be limited or excluded by law.
    • Subject to clause 3, we will under no circumstances be liable to you for:
      • any loss of profits, sales, business, or revenue;
      • loss or corruption of data, information or software;
      • loss of business opportunity;
      • loss of anticipated savings;
      • loss of goodwill; and
      • any indirect or consequential loss.
    • Subject to clause 3, our total liability to you for all losses arising under or in connection with the Contract will in no circumstances exceed the total aggregate amount you have paid for the Goods under the Contract.
  2. Termination
    • Without limiting any of our other rights, we may suspend the supply or delivery of the Goods to you, or terminate the Contract with immediate effect by giving written notice to you if:
      • you commit a material breach of any term of the Contract and (if such a breach is remediable) fail to remedy that breach within 7 days of you being notified in writing to do so;
      • you fail to pay any amount due under the Contract on the due date for payment;
      • you suspend, threaten to suspend, cease or threaten to cease to carry on all or a substantial part of your business; or
      • your financial position deteriorates to such an extent that in our reasonable opinion your capability to adequately fulfil your obligations under the Contract has been placed in jeopardy.
    • Termination of the Contract shall not affect your or our rights and remedies that have accrued as at termination.
    • Any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination shall remain in full force and effect.
  3. Events outside our control
    • We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by any act or event beyond our reasonable control (Event Outside Our Control).
    • If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:
      • we will contact you as soon as reasonably possible to notify you; and
      • our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Goods to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
    • You may cancel the Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will return (at your cost) any relevant Goods you have already received and we will refund the price you have paid, including any delivery charges.
  4. Communications between us
    • When we refer to “in writing” in these Terms, this includes email.
    • Any notice given by one of us to the other under or in connection with the Contract must be in writing and be delivered by hand, sent by pre-paid first class post or other next working day delivery service, or email.
    • A notice is deemed to have been received:
      • if delivered by hand, at the time the notice is left at the proper address;
      • if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second working day after posting; or
      • if sent by email, at 9.00 am the next working day after transmission.
    • In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
    • The provisions of this clause shall not apply to the service of any proceedings or other documents in any legal action.
  5. General
    • Assignment and transfer.
      • We may assign or transfer our rights and obligations under the Contract to another entity.
      • You may only assign or transfer your rights or your obligations under the Contract to another entity or person if we agree in writing.
    • Any variation of the Contract only has effect if it is in writing and signed by you and us (or our respective authorised representatives).
    • If we do not insist that you perform any of your obligations under the Contract, or if we do not exercise our rights or remedies against you, or if we delay in doing so, that will not mean that we have waived our rights or remedies against you or that you do not have to comply with those obligations. If we do waive any rights or remedies, we will only do so in writing, and that will not mean that we will automatically waive any right or remedy related to any later default by you.
    • Each paragraph of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
    • Third party rights. The Contract is between you and us. No other person has any rights to enforce any of its terms.
    • Governing law and jurisdiction. The Contract is governed by English and Welsh law and each party irrevocably agrees to submit all disputes arising out of or in connection with the Contract to the exclusive jurisdiction of the English and Welsh courts.