These Terms and Conditions apply to all supplies of goods and services by NappyTime® Ltd unless otherwise agreed in writing by a duly authorised representative of NappyTime® Ltd.
NappyTime® Ltd employees and agents are not authorised to make representations in relation to goods sold and the services offered by NappyTime® Ltd and the customer acknowledges that it does not rely upon and waives any breach of such representation.
In these Terms and Conditions "The Company" means NappyTime® Ltd and "The Customer" means any individual or organisation purchasing goods or services from the Company.
1. In the absence of a specific agreement to the contrary in writing by a Director of The Company, payment is required in full at time of ordering for products either by cheque with guarantee card number (no credit cards) with name and address on the back or by crossed postal order. Cheques made payable to Nappytime Ltd. Where exceptionally credit facilities are offered, full payment shall be made within 14 days of the date of invoice (cheques maybe accepted after bank and trade references have been cleared. The Company reserves the right to charge interest at 2% per calendar month or part thereof on all overdue payments. Represented or returned cheques will be charged at GBP [£] 50.00 each time.
2. No contract shall exist between The Company and The Customer until an offer of payment for goods or services has been accepted by The Company.
3. As the product range may be updated at any time continuity of supply cannot be guaranteed. Customers are advised to purchase all their requirements under one order. No responsibility is accepted for any subsequent changes in design, style or specification of products.
4. All hygiene baby products cannot be resold if returned for reasons of hygiene it is only at the discretion of The Company whether or not The Customer maybe entitled to a full or partial refund upon return of goods.
5. All goods offered are sold subject to availability subject to unforeseen circumstances due to circumstances beyond The Company's control. (a)The Company will make every reasonable effort to ensure that goods contracted or services to be supplied are in accordance with the Terms and Conditions. (b)Any complaints relating to the quality of the goods supplied every effort will be made to ensure that goods are up to the quality agreed in these Terms and Conditions.
6. The Company reserves the right to alter prices at any time without prior notice. Not withstanding any previous quotation, all prices are subject to VAT at the rate ruling at the time of despatch.
7. All goods remain the property of The Company until paid for in full and the right is reserved by The Company to refuse to make delivery of any further goods until such payment is made.
8. It shall be the responsibility of The Customer to examine all goods on delivery and report any signs of damage to The Company within 14 days of the date of invoice or 10 days of the date of delivery which ever is later. All claims for damage in transit must be directed to the carrier.
9. The Company reserve the right to alter prices if costs of raw materials increase, due to fluctuations in the costs of raw materials.
10. Goods supplied by The Company must only be used for the purpose for which they are designed in accordance with The Company's current written instructions. No claims of any nature will be entertained if this condition is broken. It shall be the responsibility of The Customer to ensure that goods ordered are fit for the intended purpose.
11. The Company reserves the right to charge interest on debts at the current rate allowed under judgements in county courts.
12. In the event of a dispute as to the quality of goods supplied the parties shall agree to the appointment of an arbitrator whose decision shall be binding upon the parties including the decision as to who is to pay the arbitrator.
13. While every effort is made to deliver as soon as possible The Company gives only general guidance as to delivery dates and accepts no liability for delay in delivery which is beyond our reasonable control.
14. Except for any liability which may be incurred for death or personal injury resulting from negligence or under Part 1 of the Consumer protection Act 1987 The Company shall not be liable in any way whatsoever whether in contract, in tort, in misrepresentation or otherwise for any consequential or other loss or damage or injury however caused which may arise out of or in connection with the supply of goods or services to The Customer or any delay in supplying goods or services.
15. Any compensation due to a customer on the grounds of The Company's failure to comply with any terms of this agreement shall be limited to the total cost of £1.
16. Consumer Rights: - these Terms and Conditions do not and will not affect the statutory rights of the customer (who is a consumer). No provision which would be voided by virtue of sections (6) or (20) of the Unfair Contract Terms Act 1977 (as amended) or by virtue of the Unfair Contract Terms in Consumer Regulations 1994 shall apply to any consumer transaction. The expressions "consumer" and "consumer transaction" shall have the respective meanings given thereto in paragraph 2 of the Consumer Transactions (Restrictions on Statements) Order 1976 (as amended or in the 1994 regulations as appropriate).
17. The Company will make every reasonable effort to comply with these Terms and Conditions though maybe prevented from so doing due to unforeseen circumstances and/or circumstances beyond The Company's control.
18. Governing law: - This contract and these general terms and conditions of sale shall at all times be construed in accordance with and subject to the jurisdiction of the courts in England.