Seller Terms and Conditions

Introduction

1.1 We are the seller of the goods as identified on the relevant sale listing. (Just to be clear – “we” and “us” to in this document do not refer to KIDDYKIND Limited which operates the platform.)

1.2 These are our terms and conditions which apply when you buy any goods from us via this site. They’re available in English only. We’ve tried to make them user-friendly but please note that the summaries/explanations for each section in capitals aren’t a substitute for the rest of the text. Please read the entire document carefully and contact us if anything is unclear. Please save a copy as we don’t file a copy specifically for the transaction with you.

1.3 Where we refer to “Consumer” below we mean an individual acting for purposes which are wholly or mainly outside that person’s trade, business, craft or profession.

Who can buy

THIS SECTION EXPLAINS CERTAIN RESTRICTIONS THAT MAY MEAN THAT YOU AREN’T ALLOWED TO MAKE A PURCHASE FROM US ON THIS SITE

2.1 You are not allowed to buy any goods via this site if your main purpose is to use them to infringe our intellectual property or other legal rights.

Giving us accurate information

3.1 You must ensure that your order, including delivery address and any other information you supply to us, is correct and that you tell us immediately if there are any changes.

How you enter a legal contract with us

THIS SECTION EXPLAINS HOW AND WHEN YOU BECOME LEGALLY BOUND BY A CONTRACT WITH US

4.1 When you place an order, you are making an offer to buy from us.

4.2 You place your order by using the ordering process on the site. This involves selecting the goods, placing them in the shopping cart and sending your order by clicking on the “Pay Now” button. You can check and amend any mistake before making an order by using the change function and/or the internet browser back button.

4.3 We accept your offer and there is a binding legal contract when we send you a confirmation email. However, we are not obliged to supply any goods which are unavailable, even if we have accepted your offer. If any goods are unavailable, we will notify you of the unavailability as soon as possible and will cancel the order and arrange for a full refund if you have been charged.

Paying us

THIS SECTION EXPLAINS YOUR PAYMENT OBLIGATIONS

5.1 Payment is in advance. Prices and payment methods are as explained on our site. The prices shown include any applicable VAT or other sales tax unless we say otherwise. We are entitled not to send you the goods until we have received full payment in cleared funds.

5.2 The costs of delivery will be shown when you place your order and may depend on the delivery method chosen. NB Any delivery charges don’t include customs or import duties which may be applied to your order by the relevant authorities. We have no control of these and it is your separate responsibility to pay for them. We recommend that you check with your local customs office in advance.

5.3 If we have mis-priced any item by mistake, we are not obliged to supply the item at that price provided we tell you before we send it off. If we do, then you can decide if you want to order the item at the right price but, if you do not, we will cancel the order and provide a full refund of any payments already made.

5.4 You must contact us immediately with full details if you dispute any payment.

5.5 You agree that you are legally bound by the terms and conditions of any payment providers whose services you use when paying for our goods. We aren’t responsible for what they do or don’t do.

Discount codes

THIS SECTION EXPLAINS HOW YOU ARE ALLOWED TO USE DISCOUNT CODES ON OUR SITE

6.1 We may offer discount codes from time to time. All discount codes refer to the price excluding delivery charges. Such codes may only be applied to purchases made through the account in respect of which the discount code was offered and registered and are not transferrable or redeemable for cash. Unless otherwise stated: codes (1) are only available for future new orders placed online; (2) cannot be used retrospectively; (3) can only be redeemed once per customer; and (4) expire after 12 months. You cannot use more than one discount code per transaction unless we state otherwise; if we do so, the order in which the codes are to be applied is in our sole discretion. We reserve the right to reject any discount code if we consider that it is being used in breach of these terms. Discount codes are subject to any additional specific terms and conditions which are specified at the point of issue. We reserve the right to discontinue or otherwise modify any discount codes at any time without prior notice.

Our right to end the contract

THIS SECTION EXPLAINS WHEN WE CAN DECIDE NOT TO SEND YOU THE GOODS

7.1 We are entitled to end this contract at any time including not sending you the goods if:

  • any amount due to us is unpaid (including unjustifiable chargeback);
  • you or anyone on your behalf acts inappropriately towards our staff; or
  • acting reasonably, we think that it is necessary to protect you, us or others.

Delivery

THIS SECTION EXPLAINS OUR AND YOUR RESPONSIBILITIES IN CONNECTION WITH DELIVERY

8.1 Delivery will be complete when we deliver to the address you give us when ordering. We may deliver different parts of your order on different dates.

8.2 Delivery is only to the countries we specify on the website and is otherwise subject to any geographical or other restrictions we have explained. We have the right to cancel any order for delivery to a location to which we don’t deliver (even if there is a legal contract). You agree to pay us any additional delivery costs we incur if we decide to deliver outside our normal delivery area.

8.3 Unless we say otherwise, delivery timescales on the website are estimates only. We aren’t responsible for delays in delivery (a) if due to circumstances beyond our reasonable control and where we could not have taken reasonable steps to deal with the delay or (b) if you haven’t given us adequate delivery instructions.

8.4 If you receive notification of an unsuccessful attempted delivery, you agree to use the details provided to immediately contact the courier to arrange re-delivery.

8.5 If the goods can’t be delivered because you haven’t complied with this contract (e.g., giving us the wrong delivery address, not paying customs/import charges, not contacting the courier to arrange re-delivery after an unsuccessful delivery attempt) and are sent back to us, you must pay us the amount of any resulting courier or warehouse fees that we have to pay other people. We can insist that such costs be paid before we arrange re-delivery and/or add them to any future order you make and/or to deduct them from any refund (to the extent legally allowed).

8.6 This paragraph applies only if you are not a Consumer: You undertake to inspect all goods immediately on receipt and within seven days you must give notice in writing in detail of any damage or any ground on which you allege that the goods are not in accordance with this agreement. If you fail to give such notice, the goods shall be conclusively presumed to be in all respects in accordance with this agreement and free from any defect which would be apparent on reasonable examination of the goods and you shall be deemed to have accepted the goods accordingly. If you do give notice under this clause, we shall be given a reasonable opportunity after receiving such notice to examine the relevant goods and (if we ask you) you shall send the relevant goods at your expense to the location specified by us to enable the examination to take place.

Small differences in the goods

THIS SECTION EXPLAINS THAT THE GOODS OR PACKAGING MAY (LEGITIMATELY) BE A LITTLE DIFFERENT TO WHAT YOU EXPECT

9.1 We take reasonable care to ensure that the images and descriptions of goods appearing on the website display the appearance / colour / texture / finish of our goods as accurately as possible. However, there may be minor differences between the goods you receive and the way that they appear on the website. For example, the colour tone may differ.

9.2 The labelling or packaging of the goods you receive may differ from the images of these which you see on our site.

Consumer legal right to cancel (“cooling off”)

THIS SECTION AND THE ANNEX AT THE END EXPLAIN THE LEGAL RIGHTS THAT YOU MAY HAVE IF YOU WANT TO RETURN UNWANTED GOODS WITHIN 14 DAYS

10.1 If you are a Consumer, you may have the legal right to cancel this contract within 14 days of receiving the goods as further explained in the Annex at the end of this document. This right is not affected by any separate returns policy on our store on the KIDDYKIND website.

10.2 However, there is no right to cancel contracts for the supply of:

  • goods made to your specifications, or which are clearly personalised; or
  • goods liable to deteriorate or expire rapidly.

10.3 You lose the right to cancel contracts for the supply of:

  • sealed goods which are not suitable for return due to health protection or hygiene reasons, if they become unsealed after delivery; or
  • sealed audio or video recordings or software if unsealed after delivery.

Restrictions on our legal responsibility for goods – very important

THIS SECTION LIMITS OUR LEGAL RESPONSIBILITY IN VARIOUS WAYS AND MAKES YOU RESPONSIBLE FOR CERTAIN LOSSES WE SUFFER, EG IF YOU BREAK THE CONTRACT

11.1 Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraud or fraudulent misrepresentation or for anything which may not legally be excluded or limited. In this section, any reference to us includes our employees and agents, who have the right to enforce this agreement.

11.2 The following clauses apply only if you are a Consumer:

  • We are under a legal duty to supply goods that are in conformity with the contract. Nothing in our agreement affects your legal rights relating to goods that don’t conform with the contract, whether because they are faulty, not as described or otherwise. You can get advice about your legal rights from your local Trading Standards office or Citizens’ Advice Bureau.
  • We are not responsible for any loss or damage where:
    • there is no breach of a legal duty owed to you by us;
    • such loss or damage was not reasonably foreseeable (meaning it was not an obvious consequence of our breach or not contemplated by you and us at the time we entered into this contract);
    • (and to the extent that) such loss or damage is your fault, for example by not complying with this agreement; or
    • such loss or damage relates to a business (as we do not intend for goods bought by Consumers to be used for business).
  • You will be responsible to us for any reasonably foreseeable loss or damage we suffer (including claims made by other people) resulting from your breach of this agreement.

11.3 The following clauses apply only if you are not a Consumer:

  • Our total aggregate liability of any kind (including for our own negligence) is limited to the price paid for the goods.
  • In no event (including for our own negligence) will we be liable for any of the following (even if we have been advised of the possibility of any such losses): economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings); or loss of goodwill or reputation; or special, indirect or consequential losses; or damage to or loss of data.
  • We shall have no liability of any kind for any losses or damage to the extent that they result from your breach of this agreement.
  • You will indemnify us against all claims and liabilities arising out of or in connection with your breach of this agreement (except insofar as we are at fault).
  • Subject to the other terms of this agreement, we warrant that the goods shall be of satisfactory quality.
  • To the extent allowed by law, you and we exclude all terms, whether imposed by statute or by law or otherwise, that are not expressly stated in this agreement.
  • This agreement constitutes the entire agreement between us with respect to its subject matter and supercedes any previous communications or agreements between us. We both acknowledge that there have been no misrepresentations and that neither of us has relied on any pre-contractual statements. Liability for misrepresentation (excluding fraudulent misrepresentation) relating to the terms of this agreement is excluded.

Software

THIS SECTION IMPOSES CONDITIONS ON USE OF ANY SOFTWARE INCLUIDED IN OUR PRODUCT

12.1 To the extent that our goods incorporate any software, you must not reverse-engineer or decompile any of our software in any way (except to the extent allowed by applicable law). You must not create or use a modified or derivative version of our software or distribute or sublicense our software to third parties. You must take reasonable steps to ensure that our software is not disclosed to any third party.

Acts outside our control (force majeure)

THIS SECTION EXPLAINS THAT WE AREN’T RESPONSIBLE FOR “ACTS OF GOD”

13.1 We are not liable for failure to perform or delay in performing any obligation under this agreement if the failure or delay is caused by any circumstances beyond our reasonable control including third party telecommunication failures, epidemics/pandemics, shipping delays and transport by third party providers.

Transferring this contract to someone else

THIS SECTION EXPLAINS HOW WE CAN PASS THIS CONTRACT TO SOMEONE ELSE BUT YOU NEED OUR PERMISSION TO DO LIKEWISE

14.1 We may transfer all or part of our rights or duties under this agreement provided we take reasonable steps to ensure that your rights under this agreement are not prejudiced. As this agreement is personal to you, you may not transfer any of your rights or duties under it without our prior written consent.

English law and courts

THIS SECTION EXPLAINS WHICH COUNTRY’S LAW APPLIES AND WHERE YOU/WE HAVE TO GO TO COURT IF THERE IS A DISPUTE

15.1 These terms and conditions are under English law and any disputes will be decided only by the courts of the United Kingdom. If you are a Consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these terms and conditions affects your rights as a Consumer to rely on such mandatory provisions of local law.

General

THIS SECTION CONTAINS SOME FINAL GENERAL INFORMATION ABOUT HOW THIS CONTRACT WORKS

16.1 We may send all notices under this agreement by email to the most recent email address you have given us. You can send notices to our email address shown below. Headings used in this agreement are for information and not binding. If any part of this agreement is ineffective or unenforceable for any reason, the rest of the agreement will still apply. If either of us overlooks any breach of this agreement by the other, it can still be actioned later. A person who is not a party to this agreement can’t enforce it unless the agreement says otherwise. The parties are independent contractors and, except as otherwise specifically stated above, nothing in this agreement make any party as agent, employee or representative of the other.

ANNEX

CONSUMER LEGAL RIGHT TO CANCEL THIS CONTRACT (“COOLING OFF”)

The following applies ONLY if you have the legal right to cancel this contract (as explained above):

Right to cancel

  1. You have the right to cancel this contract within 14 days without giving any reason.
  2. The cancellation period will expire after 14 days from the day:
    • on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods; or
    • in the case of multiple goods ordered by you in one order and delivered separately: on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good.
    1. 3. To exercise the right to cancel, you must inform us KIDDYKIND Ltd, 1st Floor, Talbot House, 17 Church Street, Rickmansworth, Hertfordshire, WD3 1DE, UK, email hello@kiddykind.com, acting on our behalf, of your decision to cancel this contract by a clear statement (e.g., a letter sent by post or e-mail). You may use the model cancellation form below but it is not obligatory.

      4. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

      Effects of cancellation
      5. If you cancel this contract, we will reimburse to you all payments received from you, including the costs of delivery (except for the supplementary costs arising if you chose a type of delivery other than the least expensive type of standard delivery offered by us).

      6. We may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.

      7. We will make the reimbursement without undue delay, and not later than:
      a) 14 days after the day we receive back from you any goods supplied, or
      b) (if earlier) 14 days after the day you provide evidence that you have returned the goods.

      8. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

      9. You shall send back the goods or hand them over to us at the address shown on your confirmation email without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation of the contract to us. The deadline is met if you send back the goods before the period of 14 days has expired.

      10. You will bear the direct cost of returning the goods.

      11. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

      MODEL CANCELLATION FORM

      Complete and return this form only if you wish to cancel the contract:

      — To Kiddykind Ltd, 1st Floor, Talbot House, 17 Church Street, Rickmansworth, Hertfordshire, WD3 1DE, UK, email hello@kiddykind.com, on behalf of the seller:
      — I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/ for the supply of the following service [*],
      — Ordered on [*]/received on [*],
      — Name of consumer(s),
      — Address of consumer(s),
      — Signature of consumer(s) (only if this form is notified on paper),
      — Date

      [*] Delete as appropriate