1 PROVIDING THE PRODUCTS
1.1 Delivery costs. The costs of delivery will be as displayed to you on our website.
1.2 When we will provide the products. During the order process, we will let you know an estimated delivery date. If you placed your order before 13:30 it will be delivered by DPD the next working day. Orders made after this time will arrive the following day. Unfortunately, weekend or Bank Holiday delivery is not available. All orders placed before 13:30 will be delivered the next working day.
1.3 We are not responsible for delays outside our control. If our supply of the products is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any products you have paid for but not received.
1.4 If you are not at home when the product is delivered. If no one is available at your address to take delivery and the products cannot be posted through your letterbox, we will leave you a note informing you of how to rearrange delivery or collect the products from a local depot.
1.5 If you do not re-arrange delivery. If, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery we may end the contract and 5.1 will apply.
1.6 Your legal rights if we deliver goods late. You have legal rights if we deliver any goods late. If we miss the delivery deadline for any goods then you may treat the contract as at an end straight away if any of the following apply:
1.6.1 we have refused to deliver the goods;
1.6.2 delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
1.6.3 you told us before we accepted your order that delivery within the delivery deadline was essential.
1.7 Setting a new deadline for delivery. If you do not wish to treat the contract as at an end straight away, or do not have the right to do so under clause 8.6, you can give us a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.
1.8 Ending the contract for late delivery. If you do choose to treat the contract as at an end for late delivery under clause 1.6, you can cancel your order for any of the goods or reject goods that have been delivered. If you wish, you can reject or cancel the order for some of those goods (not all of them), unless splitting them up would significantly reduce their value. After that we will refund any sums you have paid to us for the cancelled goods and their delivery. If the goods have been delivered to you, you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. Please call customer services on 0345 646 0191 or email us at firstname.lastname@example.org to arrange collection.
1.9 When you become responsible for the goods. A product which is goods will be your responsibility from the time we deliver the product to the address you gave us when you placed your order via our Website.
1.10 When you own goods. You own a product which is goods once we have received payment in full.
1.11 What will happen if you do not give required information to us. We may need certain information from you so that we can supply the products to you, for example, your delivery address. If so, this will have been stated in the description of the products on our website. We will contact you in writing to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 4.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the products late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.
1.12 Reasons we may suspend the supply of products to you. We may have to suspend the supply of a product to:
1.12.1 deal with technical problems or make minor technical changes;
1.12.2 update the product to reflect changes in relevant laws and regulatory requirements; or
1.12.3 make changes to the product as requested by you or notified by us to you (see clause 7 in Purchase Terms & Conditions).
1.13 Your rights if we suspend the supply of products. We will contact you in advance to tell you we will be suspending supply of the product, unless the problem is urgent or an emergency. If we have to suspend the product for longer than 7 days we will adjust the price so that you do not pay for products while they are suspended. You may contact us to end the contract for a product if we suspend it, or tell you we are going to suspend it, in each case for a period of more than 7 days and we will refund any sums you have paid in advance for the product in respect of the period after you end the contract.
1.14 We may also suspend supply of the products if you do not pay. If you do not pay us for the products when you are supposed to and you still do not make payment within 7 days of us reminding you that payment is due, we may suspend supply of the products until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the products. We will not suspend the products where you dispute the unpaid invoice. We will not charge you for the products during the period for which they are suspended. As well as suspending the products we can also charge you interest on your overdue payments.
2 YOUR RIGHTS TO END THE CONTRACT
2.1 You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract:
2.1.1 If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the product repaired or replaced or a service re-performed or to get some or all of your money back), see clause 2.2;
2.1.2 If you want to end the contract because of something we have done or have told you we are going to do, see clause 2.2;
2.1.3 If you have just changed your mind about the product, see clause 2.3 You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods;
2.1.4 In all other cases (if we are not at fault and there is no right to change your mind)
2.2 Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at 2.2.1 below the contract will end immediately and we will refund you in full for any products which have not been provided and you may also be entitled to compensation. The reasons are:
2.2.1 we have told you about an upcoming change to the product or these terms which you do not agree to (see clause 6.2 in Purchase Terms & Conditions);
2.2.2 we have told you about an error in the price or description of the product you have ordered and you do not wish to proceed;
2.2.3 there is a risk that supply of the products may be significantly delayed because of events outside our control;
2.2.4 we have suspended supply of the products for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than [3 months']; or
2.2.5 you have a legal right to end the contract because of something we have done wrong (including because we have delivered late).
2.3 When you don’t have the right to change your mind. You do not have a right to change your mind in respect of:
2.3.1 products sealed for health protection or hygiene purposes, once these have been unsealed after you receive them; and
2.3.2 any products which become mixed inseparably with other items after their delivery.
2.4 How long do I have to change my mind? You have 14 days after the day you (or someone you nominate) receives the goods, unless:
2.4.1 Your goods are split into several deliveries over different days. In this case, you have until 14 days after the day you (or someone you nominate) receives the last delivery to change your mind about the goods.
2.5 Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind (see clause 8.1), you can still end the contract before it is completed, but you may have to pay us compensation. A contract for goods is completed when the product is delivered and paid for. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for products not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract so.
3 HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)
3.1 Tell us you want to end the contract. To end the contract with us, please let us know by doing one of the following:
3.1.1 Phone or email. Call customer services on 0345 646 0191 or email us at email@example.com. Please provide your name, home address, details of the order and, where available, your phone number and email address.
4 RETURNING PRODUCTS AFTER ENDING THE CONTRACT.
4.1 In the interest of preserving the quality and safety of our products we do not accept returns, refunds or exchanges on any of our Baby&Me Organic products unless the items are damaged or faulty. If your product is damaged or faulty, please get in touch on 0345 646 0191 or drop us an email using our contact form.
4.2 When we will pay the costs of return. We will pay the costs of return:
4.2.1 if the products are faulty or misdescribed;
4.2.2 if you are ending the contract because we have told you of an upcoming change to the product or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong; or
4.3 What we charge for collection. If you are responsible for the costs of return and we are collecting the product from you, we will charge you the direct cost to us of collection.
4.4 How we will refund you. We will refund you the price you paid for the products including delivery costs, by the method you used for payment. However, we may make deductions from the price, as described below.
4.5 Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:
4.5.1 We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.
4.5.2 The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a product within 3-5 days at one cost but you choose to have the product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
4.6 When your refund will be made. We will make any refunds due to you as soon as possible.
5 OUR RIGHTS TO END THE CONTRACT
5.1 We may end the contract if you break it. We may end the contract for a product at any time by writing to you if:
5.1.1 you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;
5.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the products, for example, delivery address; or
5.1.3 you do not, within a reasonable time, allow us to deliver the products to you.
5.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 4.1 we will refund any money you have paid in advance for products we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaking the contract.
5.3 We may withdraw the product. We may write to you to let you know that we are going to stop providing the product. We will let you know at least 7 days in advance of our stopping the supply of the product and will refund any sums you have paid in advance for products which will not be provided.
6 IF THERE IS A PROBLEM WITH THE PRODUCT
6.1 How to tell us about problems. If you have any questions or complaints about the product, please contact us. You can telephone our customer service team at 0345 646 0191 or write to us at firstname.lastname@example.org or Arla Foods UK, 4 Savannah Way, Leeds Valley Park, Leeds, LS10 1AB.
7 YOUR RIGHTS IN RESPECT OF DEFECTIVE PRODUCTS
7.1 As you are a consumer we are under a legal duty to supply products that are in conformity with this contract. If they are defected in any way, we can replace them, provided they are reported immediately after being identified, and within 24 months of the date of purchase (the warranty period). Nothing in these terms will affect your legal rights. For more information about your statutory rights, please visit the Citizens Advice website https://www.citizensadvice.org.uk/ or call 03454 04 05 06.
7.2 Your obligation to return rejected products. If you wish to exercise your legal rights to reject products you must either return them in person to where you bought them, post them back to us or (if they are not suitable for posting) allow us to collect them from you. We will pay the costs of postage or collection. [Please call customer services on 0345 646 0191 or email us at email@example.com for a return label or to arrange collection.]
8 PRICE AND PAYMENT
8.1 Where to find the price for the product. The price of the product (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the product advised to you is correct.
8.2 We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the product, we will adjust the rate of VAT that you pay, unless you have already paid for the product in full before the change in the rate of VAT takes effect.
8.3 What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the products we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the product’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the product’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order. If we 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 end the contract, refund you any sums you have paid and require the return of any goods provided to you.
8.4 When you must pay and how you must pay. We accept payment with Visa, Master-card and Paypal. You must pay for the products before we dispatch them. We will not charge your credit or debit card until we dispatch the products to you. Your card will be debited upon completion of payment
8.5 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 4% a year above the base lending rate of Bank of England from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.
8.6 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
9 OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
9.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
9.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the products including the right to receive products which are: as described and match information we provided to you and any sample or model seen or examined by you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care and, where installed by us, correctly installed; and for defective products under the Consumer Protection Act 1987.