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Contract Between Us 
Description & Price
Right to cancel
Cancellation by Us
Payment
Delivery of Goods to you
Liability
Disclaimer for Website
Exclusions of Liability
Intellectual Property  
Notices
Events Beyond our Control
Data Protection
Third Party rights
Applicable Law
Entire Agreement

 Terms of Sale

By accessing this Website and/or by placing an order using this Website (which shall include placing an order by post using the order form at the end of our ordering process), you agree to be bound by these terms and conditions.  Please read them carefully before placing your order. We advise that you retain a copy of these terms and your order for future reference.

 

If you have any questions before placing an order, please e-mail us on info@maternityexchange.co.uk  or telephone on 01628 851187 between the hours of 8am and 6pm. We aim to respond to e-mails within 24 hours.

 

1.                  The Contract between us

 

1.1       No contract exists between us for the sale of any goods until we have received and accepted your order and sent you confirmation by e-mail to the e-mail address you have given.  Once we do so, there is a legally binding contract between us.

 

1.2       If you have submitted the order form at the end of the ordering process on our Website by post and not supplied us with an e-mail address,  no contract shall exist between us until we have sent you confirmation of your order in writing to the address you have given.

 

1.3       You shall be responsible for ensuring the accuracy of the details provided on the order form and we shall not be obliged to accept an order unless all the details requested on the order form have been entered correctly.

 

1.4       We are entitled to refuse any order placed by you and shall not be required to provide an explanation.

 

1.5       We may change these terms of sale without notice to you in relation to future sales.

 

2.                  Description and price

 

2.1       The description and price of the goods that you order are as set out in our Website at the time you place your order. All descriptive matter and specifications of the goods on the Website are for the sole purpose of giving an approximate description of the goods. Goods will be delivered to the size described by the manufacturer.

 

2.2       You will be required to pay for delivery and it might not be possible for us to deliver to some locations.  Our delivery charges are set out in our web site. delivery charges and details.

 

3.         Right for you to cancel your contract

 

3.1       You may cancel your contract with us for the goods that you order at any time up to the end of the seventh working day from the date that you receive the  goods.  You do not have to give us a reason for cancelling your contract, nor do you have to pay any penalty. A working day is any day other than weekends and bank and other public holidays

 

3.2       To cancel your contract you must notify us in writing by hand or post or e-mail, at the address, or e-mail address, shown below, giving details of the goods ordered and (where appropriate) their delivery.

 

3.3       If you have received the goods before you cancel your contract then you must send the goods to our address shown below at your own cost and risk.  If you cancel your contract but we have already posted the goods to you,  you must not unpack the goods when they are received by you and you must send the goods back to us at the address shown below at your own cost and risk as soon as possible.

 

3.4       Once you have notified us that you are cancelling your contract, we will refund or re-credit you within thirty days for any sum that has been paid by you or debited from your debit/credit card for the goods provided that the goods are returned by you and received by us unused, with all tags attached and in the condition that they were in when delivered to you, along with the duplicate invoice and, if sold as new, the original packaging, within fourteen days of delivery.  If you do not return the goods delivered to you or do not pay the costs of delivery, we shall be entitled to deduct the direct cost of recovering the goods from the amount to be re-credited to you. We advise that you obtain a certificate of posting.

 

4            Cancellation by us

 

4.1       We can cancel the contract between us if (i) the goods that you have ordered are not available in stock; (ii) we do not deliver to your area;  or (iii) one or more of the goods that you ordered was listed at an incorrect price.

 

4.2       If we cancel your contract we will notify you in writing by e-mail, or by post at the address you have given, and will refund or re-credit within thirty days any sum that has been paid by you or debited from your debit/credit card for the goods. We will not be obliged to offer any additional compensation for disappointment suffered.

 

4.3       If an incorrect price is found, we will offer you the option of reconfirming your order at the correct price.

 

5.             Payment

 

5.1            Payment for the goods and delivery charges can be made by any method shown on our Website at the time you place your order. delivery charges and cheque clearance information

 

5.2       By placing on order using a debit/credit card, you consent to payment being charged to your debit/credit card account as provided on the order form.  You warrant that the debit/credit card that you are using is yours.

 

5.3       We must receive payment in full, or confirmation from your debit/credit card issuer that payment has been debited from or charged to your account as provided on the order form,  before the goods are dispatched.

 

5.4       Title to the goods will pass to you on payment in full of the price of the goods.

 

6            Delivery of Goods to you

 

6.1            Delivery will be made as soon as possible after payment and in any event within thirty days of your payment.

 

6.2       We will deliver the goods ordered by you to the address that you give us for delivery at the time you make the order. We cannot be held responsible if this delivery address is wrong.

 

6.3       If delivery cannot be made to your address, we will inform you as soon as possible, and refund you or re-credit you for any sum that has been paid by you or debited from your debit/credit card for delivery.

 

6.4       Once the goods have been delivered to you they will be held at your risk and we will not be liable for their loss or destruction.

 

7            Liability

 

7.1       If the goods that we deliver are not what you ordered or are damaged or defective or the delivery is of an incorrect quantity, we shall have no liability to you unless you notify us in writing at our contact address of the problem within ten working days of the delivery of the goods in question.

 

7.2       If you do not receive the goods ordered by you within thirty days of the date on which you ordered them, we shall have no liability to you unless you notify us in writing or e-mail at the address shown below of the problem within forty days of the date on which you ordered the goods. 

 

7.3       If you notify a problem to us under clause 7.2 above our obligation will be, at your option: (i)  to make good any shortage or non delivery; (ii)  to replace any goods which are damaged or defective; or (iii) to refund to you the amount paid by you for the goods in question (including the delivery charges) in whatever way we choose.

 

7.4      Save as precluded by law, we will not be liable to you for any indirect or consequential loss, damage, or expenses (including loss of profit, business or goodwill) howsoever arising out of any problem you notify to us under this condition and we shall have no liability to pay any money to you by way of compensation greater than to refund to you the amount paid by you for the goods in question under clause 7.3(iii) above.

7.5       You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import and other permits to purchase goods from our site.  The importation or exportation of certain of our goods to you may be prohibited by certain national laws.  We make no representations and accept no liability in respect of the export or import of the goods that you purchase.

 

8            Disclaimer for Website Content

 

8.1       We are providing this site on an "as is" basis and make no representations or warranties of any kind with respect to this site or its contents and disclaim all such warranties. In addition we make no representations or warranties about the accuracy, completeness or suitability for any purpose of the information and related graphics published in this site. The information contained in this site may contain technical inaccuracies or typographical errors. All liability howsoever arising for any such inaccuracies or errors is expressly excluded to the fullest extent permitted by law.

 

8.2         Neither "The Maternitywear Exchange Ltd" nor its directors, employees or other representatives, will be liable for loss or damage arising out of or in connection with the use of this site. This is a comprehensive limitation of liability that applies to all damages of any kind, including (without limitation) compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.

 

9            Exclusions of Liability

           

Notwithstanding the foregoing, nothing in these terms and conditions is intended to limit any statutory rights you have as a consumer under applicable local law or other statutory rights that may not be excluded nor in any way to exclude or limit our liability to you for any death or personal injury resulting from our negligence.

 

10            Intellectual Property

 

10.1    The copyright in the material contained in this Website belongs to us.

 

10.2    You may download or copy the content and other down-loadable items displayed on the Website subject to the condition that the material may only be used for personal non-commercial purposes. Copying or storing the contents of the Website for other than personal use is expressly prohibited.

 

11            Notices

 

All notices from you to us must be in writing or e-mail and sent to The Maternity Wear Exchange Ltd, Wyvern, Cores End Road, Bourne End, Buckinghamshire, SL8 5HR. E-mail: info@maternityexchange.co.uk . All notices from us to you will be displayed on our Website from time to time.

 

12            Events beyond our control

 

We will not be liable to you for any failure to deliver goods you have ordered or any delay in doing so or for any damage or defect to goods delivered that is caused by any event or circumstance beyond our reasonable control including, without  limitation, strikes, industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.

 

13        Data Protection

 

You acknowledge and agree to be bound by the terms of our privacy policy. Privacy policy

 

14        Third Party Rights

 

Except for our affiliates, directors, employees or representatives, a person who is not a party to this agreement has no right under the U.K. Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement but this does not affect any right or remedy of a third party that exists or is available apart from that Act.

 

15          Applicable law

 

These terms of sale and the supply of the goods will be subject to English law, and the English courts will have jurisdiction in respect of any dispute arising from the contract

 

   16           Entire Agreement

These terms and conditions, together with our current Website prices, delivery details, contact details and privacy policy, set out the whole of our agreement relating to the supply of goods to you by us. Nothing said by any sales person on our behalf should be understood as a variation of these terms and conditions or as an authorized representation about the quality of the goods offered for sale by us. Save for fraud or fraudulent representations, we shall have no liability for any such representation being untrue or misleading.

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