Terms and Conditions
We aim to provide 100% satisfaction to all of our valued customers here at Rosebudbaby.co.uk
In the unfortunate event you feel in any way unsatisfied with the service provided or the goods supplied by Rosebaby.co.uk we enclose the Terms and Conditions applicable to the Contract entered into between us.
Your order is accepted on the basis that the Terms and Conditions set out below shall apply to the order and any subsequent contract between us.
PLEASE READ ALL OF THEM CAREFULLY
1. FORMATION OF THE CONTRACT
1.1 The Contract in respect of the products supplied by us to you comes into the existence when your order has been accepted by us. For the avoidance of doubt, receipt of an order via our website does not constitute acceptance of an order.
1.2 This order shall be accepted entirely at our discretion and shall constitute a legally binding contract between us and you and such contract is hereafter referred to in these terms and conditions as “an order.”
1.3 All orders are subject to acceptance and product availability.
1.4 If your order has not been accepted you will receive an email from us notifying you of the reasons why.
1.5 These Terms and Conditions shall override any contrary, different or additional terms and conditions contained or referred to in any quotation, estimates, prior order forms or other documents from us. No addition, alteration, substitution or waiver of these terms and conditions will be valid unless expressly accepted in writing by us, or a person authorised to sign on our behalf.
1.6 Nothing in these terms and conditions shall prejudice any condition or warranty expressed or implied, or any legal remedy to which we may be entitled in relation to the goods.
2.1 All goods supplied by us shall be in accordance with our current price list as published from time to time and further specifications or descriptions expressly listed or set out within the order.
3.1 You will be deemed to have accepted all goods upon their delivery by us to the address specified in the order.
3.2 We must be informed in writing within 3 working days of our acceptance of your order of any changes, alterations, reductions or cancellations to may wish to make to your order, or within 24 hours if you have specified Next Day Delivery.
4.1 Rosebudbaby.com accepts the following major credit/ debit cards; Maestro, Solo, Mastercard, Visa.
4.2 All credit and debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to us we will not be liable for any delay or non-delivery.
4.3 To help keep our customers safe online, the first order you place with us will only be shipped to the customer/cardholder's address. However, should your first order be a gift for someone else, we can ship to a different address only if the customer/cardholder can provide proof that they have authorised the transaction, e.g. sending us a scan/copy of a form of photo id. If you are placing an order on behalf of someone else we always require the contact details of the cardholder/bill payer. We also always send out the invoice to the customer/cardholder to make sure they are aware of the transaction.
4.4 Rosebud Baby reserves the right to place an order on hold until the necessary verification checks have been made. If your order is put on hold to await authorisation and you have paid for Next Day delivery we will not refund the delivery costs if your order is not dispatched within the usual dispatch times due to this.
4.5 All payments are processed through our merchant provider, Worldpay. This means that we do not see any of your credit card details, nor are we able to keep them on file. This also means that when you place an order, Worldpay will initiate your payment immediately, and we have no facility to hold a payment until dispatch. This applies to pre-orders and back ordered items, so please be aware that you will be charged for this at the time of placing your order and not on its dispatch.
5.1 We guarantee your satisfaction. If any of our products do not meet your expectations, please contact us for a full refund
6. DELIVERY AND RISK
6.1 We aim to action your order right away. We will normally send your order to you within 3-5 working days, but please allow up to 7 working days for Standard Delivery.
For non-mainland Uk orders please allow up to 10 working days for deliveries.
6.2 In the unfortunate event your item is not in stock we will back order for you. In the event of a back order you will always be emailed with the option to cancel your order should you not wish to wait.
6.3 In the event no one is at home when our courier attempts delivery they will check to see if a neighbour is at home and leave the parcel with them. If you leave a signed note explaining that the order can be left in a specific location, the courier can take this away and the goods can be left where you choose, this however is done at your own risk. If this is not possible the courier will leave a calling card and will attempt re-delivery the following working day, if at all possible. In the event a second delivery attempt proves unsuccessful you will be required to collect the goods from your local depot. Clear details of your local depot and collection times will be displayed on the ‘sorry we have missed you’ card that will be left by our courier. If we have used Royal Mail for your delivery and you are out, a card should be left by the postman detailing which depot to collect your items from.
6.4 If the delivery address refuses delivery of the goods or if you do not respond to the ‘sorry we have missed you’ card left by your courier, your order will be returned to us, Rosebudbaby.co.uk. We will then wait for you to contact us before we refund you your money minus the return postage cost.
6.5 The goods supplied shall remain at our risk until delivery to the specified address or alternative delivery address.
6.6 We do not ship outside the UK.
7. YOUR RIGHT TO CANCEL
7.1 In accordance with the United Kingdom's Distance Selling Regulations, you have the right to cancel the contract for the purchase of any item
within a period of 7 working days, beginning with the day after the day on which the item was delivered. This applies to all of our products. We can accept returns of complete product, which is unused and in an "as new" condition.
7.2 To cancel this contract, please pack the relevant item securely and send it to us with the delivery slip, attached to your invoice, so that we receive it within 7 working days after the day of the date that the item was delivered to you.
7.3 As soon as we receive notice of your cancellation of this order, we will refund the relevant part of the purchase price for that item.
7.4 For your protection, where you are returning an item to us, we recommend that you use a recorded-delivery service, or alternatively our courier service. Please note that you will be responsible for the costs of returning the goods to us unless we delivered the item to you in error or the item is faulty. In the event you choose to return any part your order via our courier please note that our couriers returns charges £13.60 up to 10 kilos and 60p per kilo thereafter, with an additional returns charge of £15.00. Direct delivery charges may vary.
7.5 Please note that if your order has been processed we are unable to cancel it and therefore any return costs are payable at your expense.
8.1 In the unlikely event that you receive goods different to those ordered or which are damaged or defective or are of a different quality to that stated on your order we shall make good any shortage or non-delivery, replace or repair any damaged or defective goods or refund to you the amount you paid for the goods in questions provided that you notify us of the problem via email using the link on the store website within 7 working days of delivery of the goods, plus return the goods to us, unless we inform you that return is not necessary. This provision does not affect your statutory rights.
8.2 Please note that we cannot refund any costs for postage that you may have paid, or pay to return the item unless we have sent you an item incorrectly or the item is deemed to be faulty.
8.3 We respectfully refer you to clause 7.4 above regarding your protection when returning goods to Rosebudbaby.co.uk
8.4 In addition to this refund policy, as stated at clause 7.1 above, in accordance with the United Kingdom's Distance Selling Regulations, you have the right to cancel the contract for the purchase of any item within a period of 7 working days, beginning with the day after the day on which the item was delivered
9. LIABILITY/ EXCLUSIONS
9.1 Whilst Rosebudbaby.co.uk have taken every care to ensure that the information within this website is accurate and up to date, no warranties express or implied are given as to the accuracy of the information contained on the website. No action should be taken or omitted in reliance of any information or advice contacted within this website. Rosebudbaby.co.uk accept no liability for any product descriptions or photographic representations and our customers are advised to contact Rosebudbabay.co.uk should you have any specific requirements. Product colours may vary with different computer monitors.
9.2 Rosebudbaby.co.uk reserves the right to change information, prices, specifications and descriptions of listed goods, products and services at any time and without notice.
9.3 Rosebudbaby.co.uk and/or its proprietors shall not be liable for any loss or damage arising out of the use of any of the information contained within this website. Whilst every effort has been made to ensure that this website is virus free, we recommend that you take precautions against infection. Rosebudbaby.com cannot accept any liability for damage sustained as a result of the transmission of viruses, worms, Trojans or any other malicious content.
9.4 Unless otherwise specified the materials on this website are directed at and are intended solely for use by those accessing the website from the United Kingdom mainland. Rosebudbaby.co.uk and/or its proprietors make no representation or warranty that any product, service or information referred to of contained within this website are appropriate for use in other locations or jurisdictions. The products sold via Rosebudbaby.co.uk are provided for private domestic and consumer use only. Accordingly, we do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of this website or for any products or services purchased from Rosebudbaby.co.uk
9.5 We shall have no liability to you for any delay in the delivery of products ordered or any other matters to the extent that the delay is due to any event outside our reasonable control, including but not limited to acts of God, war, flood, fire, labour disputes, strikes, lock-outs, riots, civil commotion, malicious damage, explosion, governmental actions and any other similar events.
9.6 These exclusions of liability shall not apply in respect of death or personal injury caused by the negligence of Rosebudbaby.co.uk and/or its proprietors or any of its employees or agents.
9.7 These Terms and Conditions shall be construed in accordance with and governed by English Law. If any provision of these Terms and Conditions shall be deemed unenforceable or invalid then that provision shall be deemed severable from the remaining Terms and Conditions and those remaining Terms and Conditions shall be valid and enforceable to the fullest extents permitted by law. For the avoidance of doubt, nothing in these Terms and Conditions shall confer on any third party any benefit or the right to enforce any term or terms. Unless a contrary intention is expressed, nothing in this website shall be deemed to create a binding contract between Rosebudbaby.co.uk and/or its proprietors and any users of this website.
10.1 Should you need to raise a complaint or contact us regarding any order or item purchased please email us using the link on the store home page. Alternatively you can call us on 01204 667266, or write to us at firstname.lastname@example.org
11. ENTIRE AGREEMENT
11.1 These Terms and Conditions govern our relationship with you. Any changes to these Terms and Conditions must be in writing and signed by both parties. In this way, we can avoid any problems surrounding what Rosebudbaby.co.uk and you are expected to do. You confirm that, in agreeing to accept these Terms and Conditions, you have not relied on any representation except where that representation has been made a term of these Terms and Conditions and you agree that you shall have no remedy in respect of any representation. Your statutory rights are not affected by these terms and conditions. Nothing in this Clause shall limit or exclude our liability in respect of any fraudulent or negligent misrepresentation whether or not such has become a term of these Terms and Conditions.
12. WEEE COMPLIANCE
We are proud to comply with the Waste Electrical & Electronic Equipment Regulation (WEEE) 2006. We all have a responsibility to dispose of our used electrical waste appropriately and safely, due to the potential effects on the environment and human health as a result of the presence of hazardous substances in electronic & electrical equipment (EEE). The WEEE regulations state that electrical & electronic equipment (any item that has a plug or uses batteries) that has the symbol of a crossed out wheeled bin is not suitable for unsorted municipal waste and should be disposed of in an environmentally sound way. Thus we offer You, our Customer, a free 'take back' option on your old EEE on a like-for-like basis. This means that if You, our Customer, purchase a new baby monitor from us, you are permitted to return only your old baby monitor for us to dispose of. You, the Customer, have 28 days in which to return the old item to us, Rosebud Baby. However, You, the Customer, are responsible for any postage costs incurred in returning the item to us, Rosebud Baby. You do not need to have purchased the old item from us, but must return your old item within 28 days of purchasing your new item, but only on the like-for-like basis. For example, we cannot accept an old baby monitor if you purchased a new cot mobile from us. Should you not be eligible for this 'take back' service, then we encourage all our customers to dispose of any EEE in an environmentally friendly and considerate manner. Further information is available at www.recyclenow.com.