TERMS AND CONDITIONS OF USE OF OUR WEBSITE
We are Kershens Limited, Company Number 09635026 whose registered office is at 101 Meadowview Road, Epsom, KT19 9TT
Site is www.mybirthbox.co.uk
You are a visitor to our Site
Welcome to our terms and conditions page. We’ve tried to make it easy to follow so that you know exactly where you stand when you order from us. Please read it through and, if there is anything you don’t understand, get in touch and we’ll do our best to explain.
BY ENTERING OUR SITE YOU ARE ACCEPTING THESE T&Cs
One other thing we need to say is that we do change these T&Cs from time to time and so you must always visit this page to see what changes we’ve made – we’ll assume that you have each time you contact us.
- This page is meant to form the basis of the relationship between us and both you and we agree to be bound by what it says.
- No agreement to buy any Goods from us will come into effect until we have emailed you to confirm dispatch of the Goods. That agreement will be subject to these T&Cs.
- Each order you make from us will be the subject of a separate contract which is not dependent on the delivery of any other order.
DEFINITIONS – There are some definitions at the bottom of the page.
YOU PROMISE US:
- That you have the right to make this Agreement with us and that you are over the age of 18 years.
- That if you follow any links we have on the Site, you will read the T&Cs on the sites we link you to.
- That you won’t use robots, spiders, scrapers or similar things on our Site.
- That you won’t try to get around any things we put on the Site to stop or limit access to parts of it.
- That you won’t do anything that might cause our systems to crash.
- That you won’t steal, borrow, copy or otherwise obtain the Site or any part of it for use in any other site or application.
- That you won’t try to modify, translate, adapt, edit, decompile, disassemble or reverse engineer any programs we use in connection with this Site or the services it offers.
- That you won’t copy, imitate or use the trademarks and/or designs and/or layout or anything else which would usually amount to intellectual property and which we own.
Either we or third parties own all of the information and intellectual property on the Site.
We’re quite happy for you to use information or intellectual property on the Site provided that you don’t use it for commercial purposes and that you ask for our permission (in writing) first. We may impose conditions on your use of that information or intellectual property.
PRICE AND PAYMENT
- Our prices are inclusive of VAT but do not include delivery.
- The prices on the Site are correct when we post them but sometimes they have to change for reasons beyond our control. If they increase, we will do our best to supply the Goods at the price on the Site. If they reduce, we will charge you the lower price. If we make an obvious mistake, it will not bind us.
- If you are buying outside the EU, you may find that you have additional duties and taxes to pay which are not included in our price.
We’ll send any Goods you buy from us by the method you’ve chosen on the Site. If we show a delivery time we’ll do what we can to meet it but, as we do not make deliveries ourselves, we can never guarantee a date or time for your delivery.
We aim to dispatch all orders within 3 working days from when we receive them.
You will own the Goods as soon as we have passed them to the delivery service. If they go missing, you will need to tell us as soon as you can and we’ll do what we can to help but unless we have agreed to insure the Goods on your behalf, you will need to make any claim against the delivery service.
Unless you tell us within 14 days of receipt of the Goods that you have a problem, we can assume that you received the Goods and that you are happy with them – this does not affect any Statutory Rights you may have – see below under “Cancellation”.
You can cancel your order up to the time when we issue the dispatch confirmation email. If you cancel in this way, we’ll refund all the money you have sent us.
If you are buying any Goods from us as a consumer then the following important provisions apply.
You may have a right to cancel your order after you have received the Goods from us. Please see our Cancellation Policy below.
For the purposes of the Consumer Legislation you agree that we can confirm the terms of this agreement and the Goods we are providing to you by email.
If you receive Goods which:
- do not match the description of the Goods that you ordered from us; or
- have faults when they are delivered to you; or
- have been damaged in transit,
you must contact us within 14 days of delivery to arrange for their return. You will have to pay the return postage/delivery costs and we will have the option to replace the Goods (if available) or to refund you using the card or payment method you used when you bought the Goods. We only allow refunds and/or replacements when we have received the returned Goods from you.
We can reduce the amount we refund to you in the following circumstances:
- if you have used and enjoyed the Goods;
- if the Goods are of a nature which may cause them to deteriorate or expire rapidly and you don’t tell us in good time;
- if the individual packaging has been opened;
- if we’ve given you a discount to reflect any lack of quality made known to you at the time of purchase.
If you are not buying as a consumer we will not accept returns unless we have agreed with any complaint or observation you have made to us within 3 days of receipt of the Goods.
If you want to benefit from the Site to its fullest extent and if we ask you to do so, you must create an Account which will contain certain personal details. When you create an Account you promise that:
- All information you submit is accurate and truthful.
- You will keep this information accurate and up to date.
- You will not share your Account with anyone else.
- You will keep your Account details confidential.
- You will not give your username or password to anyone else.
- You will log off when you exit the Account – to prevent unauthorised use by others.
Your Account will be closed by us if you break these T&Cs or if you don’t use it for a long time.
If you haven’t received a refund or payment you were expecting from us then please tell us as soon as you can. If we ask you to give us alternative bank details and we don’t hear from you within 28 days of us asking you, you agree that we may keep the monies in the Account to offset our expenses.
If you do anything which we think might be fraud, we have the right to report those actions to the Police and any money standing to the credit of your Account may be kept by us to cover the costs we are put to in dealing with your fraud.
If we ask you to, you must authenticate your email address with us and if you change your address at any other time you must tell us and authenticate it again.
If you have not authenticated your current email address with us and/or if it cannot accept emails from us and/or you mark our emails as spam, abusive or junk then, and in any such event, we can terminate your Account without notice to you.
If we earn any commission on any transaction in which we are involved or any interest on the money deposited in your Account we may keep that commission and/or interest.
You can cancel your Account with us at any time; all you need to do is to email us at firstname.lastname@example.org
USE OF COMMUNICATIONS FACILITIES
When submitting content for us to publish on the Site or using any forums or chat rooms on the Site and/or any other similar system on the Site and when using Facebook, WordPress or any other external communication system to contact us, you must do so in accordance with the following rules:
- you must not use language that may be offensive to other Users;
- you must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
- you must submit no Content that is intended to promote or incite violence;
- Content must be posted, and communications with us must be made, using the English language;
- you must not post links to other sites containing any of the above types of Content;
- the means by which you identify yourself must not violate these T&Cs or any applicable laws;
- you must not engage in any form of commercial advertising. This does not prohibit references to businesses for non-promotional purposes including references where advertising may be incidental;
- you give us the right to publish the material you have submitted to us anywhere and for whatever reason we choose and we don’t have to pay you a fee or acknowledge you as the author;
- you must not impersonate other people, particularly our employees and representatives and those of our affiliates; and
- you must not use our System for unauthorised mass communication such as “spam” or “junk mail”.
You acknowledge that we have the right to monitor any and all communications made to us or using our System.
You acknowledge that we may retain copies of any and all communications made to us or using our System.
You agree that we can modify any information you send to us in any way and you agree that you have no moral right to be identified as the author of that information. Unless we have agreed them with you in advance, we don’t have to comply with any restrictions you put on our use of that information.
PRIVACY & COOKIES
We have tried to ensure the following things:
- that the Site will meet your needs;
- that all the information we publish is correct, up to date and not misleading;
- that the Site always works properly;
- that the Site is fit for the purpose you need;
- that the Site doesn’t infringe the rights of others;
- that the Site will work with all systems; and
- that the Site is secure,
but we can’t guarantee those things and, by agreeing to these T&Cs you are confirming that you accept that situation.
We do not provide medical or health advice on the Site and any advice given on the Site is general in nature and may not apply to you and/or your circumstances. Any information we publish about the use of herbs and essential oils contained on the Site is not meant to be a substitute for seeking the advice of a qualified health care provider and you must take steps to double check with your midwife or medical practitioner that that advice is effective for you.
YOU MUST NOT USE OUR PRODUCTS OR SERVICES BEFORE TAKING ADVICE FROM YOUR MIDWIFE OR MEDICAL PRACTITIONER IF YOU HAVE ANY CONCERNS ABOUT YOUR MEDICAL CONDITION
This is for your own protection and failure to do so may result in consequences, including personal injury.
We take all reasonable effort to test material before placing it on the Site. In the very unlikely event of any loss, disruption or damage caused by material on the Site, we cannot be held responsible for any loss, disruption or damage to your data or computer system that may occur.
The only rights you have under these T&Cs are those mentioned within them. If a right is not mentioned (unless it is a right given to you under the laws of England and Wales) then it does not exist.
We do our very best to make sure that you do not experience any problems but if you do, you must tell us straight away.
We will do what we can to resolve the problem as quickly as we can and without charge to you if we agree that you have a problem.
AVAILABILITY OF THE SITE
We never guarantee that the Site will be available all the time and if it’s not available for any reason we cannot be held responsible for anything you lose as a result.
We have the right to change the Site and the services it offers, suspend it or stop it at any time.
LIMITATION OF LIABILITY
We stand by all of the products and services we supply but if, as a result of making any purchase from us, you suffer a loss, our liability to you is limited to the actual loss you have suffered and does not cover any loss of profit, opportunity or any contingent losses you may suffer. As far as we are allowed by law, we deny liability for any losses of all kinds that you incur from visiting the Site. You use the Site at your own risk.
We do not accept any liability if you are using the Goods for commercial purposes.
You undertake and agree that you have read all advice we publish about possible allergies.
Nothing in these T&Cs excludes or restricts our liability for death or personal injury resulting from any negligence or fraud on our part.
We don’t control any of the websites we link to and so we can’t be responsible for the content of such websites and disclaim liability for any losses that come out of you using them.
Just because we link to a site does not mean that we endorse or recommend that site.
We can never guarantee that a link will work.
If you find any link we offer to be offensive, please let us know and we will consider removing it.
If you link to any other site using our Site then you understand that separate conditions will apply to those sites and that we have no control over those conditions – so you agree that you will read and understand them before using those sites.
If you wish to link to the Site you may link to our Home page on the following conditions:
- the link must not damage our reputation;
- the link must be fair and legal;
- you can only link from a site that you own;
- you can’t suggest that we are associated with you, endorse you and approve of you in any way; and
- you must not frame our Site on any other site.
We always have the right to break any link you make even if we can’t give a reason for our decision.
MODIFICATIONS TO THESE TERMS AND CONDITIONS & THE SITE
We’ve already said this, but we need to make it clear that these T&Cs will change from time to time and we don’t have the resources to let all our visitors know about the changes. As a result you MUST come back to this page to make sure that we haven’t changed the T&Cs and whenever you access the Site, you are confirming to us that you are aware of any changes.
We’ve also got the right to change the Site as and when we want to, but these T&Cs will still apply to any changes we make.
- Operative Law – these T&Csmade under the laws of England and Wales and that is the only jurisdiction which can govern them
- Partnership/Joint Ventures – we and you agree that these T&Cs do not form the basis of any partnership or co-venture.
- Effect of Agreement – these T&Cs supersede any previous agreement between the parties in relation to the matters dealt with in them and represents the entire understanding between the parties.
- Time of the Essence – time will not be of the essence in any part of these T&Cs.
- Warranties – all parties acknowledge and agree that they have not entered into these T&Cs in reliance on anything said or promised by the other which is not in these T&Cs.
- Force Majeure – if something outside our control happens and that prevents us from performing our services then you accept that we are not liable for the consequences of that failure (this includes such things as strikes, riots, fires, explosions, war, floods and so on). If such an event does happen we will tell you as soon as we are able and resume the service as soon as we can. If we cannot perform the service within a reasonable time, we can cancel it and if we do we will refund to you a fair and reasonable proportion of any payment you have made to us.
- Unenforceability – if a Court or other body says that any part of these T&Cs is unenforceable, the rest of them will stand.
- Notices – if either you or we need to give formal notice to the other it must be done by email to the address that each of us gives to the other from time to time.
- Entire Agreement – these T&Cs contain the entire understanding between us.
Consumer Legislation means the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
Content means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of the Site.
Goods means any goods or products you purchase from us.
System means the communications system or systems we use in connection with the Site.
T&Cs means these terms and conditions.
User means any person, firm or company using the Site for any purpose.
Changes to this Policy
We have the right to change this Policy as and when we decide or as may be required by law. Any changes will be immediately posted on the Site and you are deemed to have accepted the terms of this Policy on your first use of the Site following those changes.
INFORMATION ABOUT THE EXERCISE OF THE RIGHT TO CANCEL THIS CONTRACT
RIGHT TO CANCEL
You may have the right to cancel this contract within 14 days without giving any reason.
The 14-day period will start:
- If the item we are selling is a physical item – when you receive it.
- If the item we are selling is a digital download – on the day you order it.
- If we are supplying multiple Goods – then the day on which you received the last item.
- If this is a regular supply – when you receive the first consignment.
To exercise the right you must tell us by post or email and you should use the attached form – but this is not compulsory. The address you should use is:
[insert address for cancellation form]
To meet the cancellation deadline you must send the form or tell us before the end of the 14-day period. You should keep a proof of posting if you send us a letter and a proof of posting when sending Goods back to us.
EFFECT OF CANCELLATION
If you cancel this contract, we will repay you all payments you have made to us, including delivery costs (unless you have asked for non-standard delivery).
We can deduct from the amount we send back to you:
Any reduction in value of the Goods which results from unnecessary handling by you.
We will repay you:
Within 14 days from receiving the Goods back from you.
Within 14 days of receiving proof that you sent the Goods back to us.
If we did not supply the Goods, then within 14 days of your telling us that you want to cancel.
We will pay you back using the same method that you paid us.