Terms

Welcome to our website. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern Kiddiroo's relationship with you in relation to this website.

The term "Kiddiroo" or “us” or “we” refers to the owner of the website whose office is on Heritage Way, Tarleton, Preston, Lancashire. PR4 6WE. The term “you” refers to the user or viewer of our website.

The use of this website is subject to the following terms of use:

The content of the pages of this website is for your general information and use only. It is subject to change without notice.

Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.

All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.

Unauthorised use of this website may give to a claim for damages and/or be a criminal offence.

From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).

Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. Kiddiroo will normally verify prices as part of our dispatch procedures. Where a Product's correct price is less than our stated price, Kiddiroo will be under no duty to accept your order at the lower price and at our discretion may reject your order before dispatching the Product to you. If a Product’s correct price is higher than the price stated on our site, Kiddiroo will normally, at our discretion, either contact you for instructions before dispatching the Product, or reject your order and notify you of such rejection.

Kiddiroo warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of the kind are commonly supplied.

Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased.

Kiddiroo shall further not be liable forany defects in the Goods if:

· the Customer makes any further use of such Goods ; or

· the defect arises because the Customer failed to follow the oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Goods or good trade practice; or

· the Customer alters or repairs such Goods without the written consent of Kiddiroo.

This clause does not exclude or limit in any way our liability:

(a) For death or personal injury caused by our negligence;

(b) Under section 2(3) of the Consumer Protection Act 1987;

(c) For fraud or fraudulent misrepresentation; or

(d) For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.

Kiddirooare not responsible for indirect losses which happen as a side effect of the main loss or damage however arising and whether caused by tort (including negligence), breach of contract or otherwise.

The contract between Kiddiroo and the customer

After placing an order, you will receive an e-mail from us acknowledging that Kiddiroo has received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by Kiddiroo, and Kiddiroo will confirm such acceptance to you by sending you an e-mail that confirms that the product has been dispatched. The contract between uswill only be formed whenKiddiroo sends you the Dispatch Confirmation.

The Contract will relate only to those Products whose dispatch Kiddiroo has confirmed in the Dispatch Confirmation.  Kiddiroo will not be obliged to supply any other Products which may have been part of your order until the dispatch of such Products has been confirmed in a separate Dispatch Confirmation.

Consumer Rights

If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out below).

To cancel a Contract, you must inform us in writing to the e-mail address set out on our site. You must also return the Product(s) to us immediately, in the same condition in which you received them, and at your own cost and risk. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, Kiddiroo may have a right of action against you for compensation.

Details of this statutory right and an explanation of how to exercise it, are provided in the Dispatch Confirmation. This provision does not affect your statutory rights.

Risk and Title

The Products will be at your risk from the time of delivery.

Ownership of the Products will only pass to you when Kiddiroo receive full payment of all sums due to us, howsoever arising, whether or not in respect of the Products including delivery charges.

Until ownership of the Goods has passed to the Customer, the Customer shall:

(a) hold the Goods on a fiduciary basis as the Kiddiroo's bailee;

(b) store the Goods (at no cost to Kiddiroo) separately from all other goods of the Customer or any third party in such a way that they remain readily identifiable as Kiddiroo's property;

(c) not destroy, deface or obscure any identifying mark or packaging on or relating to the Goods; and

(d) maintain the Goods in satisfactory condition and keep them insured on Kiddiroo's behalf for their full price against all risks.

The Customer's right to possession of the Goods shall terminate immediately if:

(a) the Customer is the subject of a Bankruptcy order or makes an arrangement with his creditors, or takes the benefit of any statutory provision for the relief of insolvent debtors, or enters into liquidation (whether voluntary or compulsory), or has a receiver and/or manager, administrator or administrative receiver appointed, or a resolution is passed or a petition presented to any court for the winding-up of the Customer or for the granting of an administration order in respect of the Customer, or any proceedings are commenced relating to the insolvency or possible insolvency of the Customer; or

(b) the Customer suffers or allows any execution, whether legal or equitable, to be levied on his/its property or obtained against him/it, or fails to observe or perform any of his/its obligations under the Contract or any other contract between Kiddiroo and the Customer, or is unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 or the Customer ceases to trade; or

(c) the Customer encumbers or in any way charges any of the Goods.

Kiddiroo shall be entitled to recover payment for the Goods not withstanding that ownership of any of the Goods has not passed from Kiddiroo.

The Customer grants Kiddiroo, its agents and employees an irrevocable licence at any time to enter any premises where the Goods are or may be stored in order to inspect them, or, where the Customer's right to possession has terminated, to recover them.

Written Communications

Applicable laws require that some of the information or communications Kiddiroo send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. Kiddiroo will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that Kiddiroo provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

Transfer of Rights and Obligations

The contract between you and us is binding on you and us and on our respective successors and assigns.

You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.

Kiddiroo may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.

Events Outside our Control

Kiddiroo will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).

A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

(a) Strikes, lock-outs or other industrial action.

(b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.

(c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.

(d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

(e) Impossibility of the use of public or private telecommunications networks.

(f) The acts, decrees, legislation, regulations or restrictions of any government.

Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues. No such failure or delay in performance shall be deemed to constitute a breach of contract and Kiddiroo will have an extension of time for performance for the duration of that period. Kiddiroo will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

Waiver

If Kiddiroo fails, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if Kiddiroo fail to exercise any of the rights or remedies to which Kiddiroo is entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

A waiver by us of any default shall not constitute a waiver of any subsequent default.

No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 13

Severability

If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

Entire Agreement

These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

Kiddiroo and you each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.

Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party´s only remedy shall be for breach of contract as provided in these terms and conditions.

Our Right to Vary these Terms and Conditions

Kiddiroo have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.

You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if Kiddiroo notify you of the change to those policies or these terms and conditions before Kiddiroo send you the Dispatch Confirmation (in which case Kiddiroo have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).

Law and Jurisdiction