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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. 1.1
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. 2.1 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.
3.1
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. 4.1
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. 6.1
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. 7.1
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.
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. 10.1
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. 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. You acknowledge and agree to be bound by the terms of our privacy policy. Privacy policy 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. 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 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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Copyright © 2005 Maternitywear Exchange Ltd. All rights reserved |