1.1 A reference to a particular law is a reference to it as it is in force for the time being taking account of any amendment, extension, application or re-enactment and includes any subordinate legislation for the time being in force made under it.
1.2 Words in the singular include the plural and in the plural include the singular.
1.3 A reference to one gender includes a reference to the other gender.
1.4 Condition headings do not affect the interpretation of these conditions.
1.5 ‘We/us/our’ means The Buggy Brolly Company Limited (Company number 05841586) whose registered office is at 3 Market Square, Higham Ferrers, Northamptonshire, NN10 8BP, England.
1.6 We reserve the right to change these terms and conditions at any time. Any such changes will take effect when posted on the website and it is your responsibility to read the terms and conditions on each occasion you use this website and your continued use of the website shall signify your acceptance to be bound by the latest terms and conditions.
1.7 If you are not a consumer, you confirm that you have authority to bind any business on whose behalf you use this website.
2.1 All orders that you place on this website will be subject to acceptance in accordance with these terms and conditions.
2.2 Once you have placed your order we will notify you by email confirming our acceptance of your order.
2.3 Each order placed by you shall be deemed to be an offer to buy our products subject to these conditions.
2.4 Acceptance of your order and the completion of the order between you and us will take place on despatch to you of the products ordered unless we have notified you that we do not accept your order or you have cancelled it.
2.5 You shall ensure that the terms of the order and any applicable specification are complete and accurate.
2.6 The Buggy Brolly Company Ltd does not supply products that will be directly or indirectly supplied through a Third Party to the USA or Canada.
3.1 Should you wish to cancel your order and your order has already been dispatched, you may return the product to us at your own expense minus any debit/credit card charges incurred by The Buggy Brolly Company Ltd, in relation to the refund.
3.2 All complaints and returns should be sent to PO Box 7072, Irthlingborough, Wellingborough, Northamptonshire, NN8 9BW, England.
3.3 You are entitled to cancel your contract providing you contact us in writing within 7 clear days of receipt of the products and can provide proof of purchase.
3.4 We must receive any product returned in the same original packaging as we delivered them to you.
3.5 Any product returned to us must be in an unused, perfect and resalable condition. Should the product not reach us in an unused, perfect and resalable condition we reserve the right to refuse a full refund.
3.6 All returned products must be returned to us by recorded delivery or another form of guaranteed delivery and proof of posting should be obtained.
3.7 Any risk in the products remains with you until the products have been returned to us.
3.8 In the unlikely event that the products arrive faulty or damaged, please advise us immediately, and in any event within 7 clear days of receipt of the products and we will replace or repair the product in accordance with your statutory rights.
3.9 We reserve the right to reject any returns should we consider the complaint/request to be unreasonable, unjustified or if the products are damaged by misuse/accidental damage or failure to adhere to the product instructions. This does not affect your statutory rights.
3.10 Returns and exchanges will be processed as soon as possible after you cancel the contract and within any event within 30 days after the date of cancellation.
4.1 The quantity and description of the products shall be as set out in our acknowledgement of order which will be sent to you.
4.2 All samples, drawings, descriptive matter, specifications, colours and advertising issued by us and any descriptions or illustrations contained in our catalogues or brochures or website are issued or published for the sole purpose of giving an approximate idea of the products described in them. All sizes and measurements are approximate but we do try to make sure that they are as accurate as possible.
5.1 All products must be signed for by an adult aged 18 years or over on delivery.
5.2 Any dates specified for delivery of the products are intended to be an estimate and time for delivery shall not be made of the essence by notice. If no dates are so specified, delivery shall be within a reasonable time.
5.3 We make every effort to deliver products within the estimated timescales. Subject to the other provisions of these conditions the we shall not be liable for any direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and similar loss), costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the products (even if caused by our negligence), nor shall any delay entitle you to terminate or rescind the order unless such delay exceeds 30 days after the order has been placed.
5.4 Risk of loss and damage of products passes to you on the date when the products are delivered or on the date of first attempted delivery by us.
6.1 Ownership of the products shall not pass to you until we have received in full in cleared funds all sums due to us in respect of the products.
7. PRICE/PAYMENT
7.1 Payment of the price for the products is due in pounds sterling.
7.2 Payment may be made using Visa, Visa Electron, Mastercard, Maestro, Switch, MasterCard and Delta.
7.3 Time for payment shall be of the essence.
7.4 No payment shall be deemed to have been received until we have received payment in cleared funds.
7.5 The price for the products shall be exclusive of all costs or charges in relation to delivery of which amounts you shall pay in addition when you order the products.
7.6 The price you pay is the price displayed on this website at the time we receive your order, unless we discover an error in the price of products you have ordered in which case we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the products, you will receive a full refund.
7.7 We take payment from your card at the time we receive your order. Our products are subject to availability. In the event that we are unable to supply any product, we will inform you of this as soon as possible. A full refund will be given where you have already paid for the products.
7.8 Our site uses secure server software to protect your credit/debit card details against any fraud. Your credit/debit card details are transmitted via a web server that uses a protocol that prevents the interception of third parties gaining access to your card details.
7.9 When placing your order online we do not have any access to your credit/debit card details because payment is via a secure server.
8.1 When you purchase any goods from us, you will be requested to provide information such as your name, contact address, email address, telephone number and your credit/debit card details. The information held helps us to ensure that we can deal with your order as quickly as possible.
8.2 We do not store your credit/debit card details.
9.1 All personal information received by us will be held in accordance with the Data Protection Act 1988. We guarantee that your personal details will not be disclosed/sold/shared to or with any third parties.
10.1 Where we are not the manufacturer of the product ordered, we shall endeavour to transfer to you the benefit of any warranty or guarantee given to us.
11.1 Subject to condition 5 and 10, the following provisions set out our entire financial liability of the (including any liability for the acts or omissions of its employees, agents and sub-contractors) to you in respect of:
(a) any breach of these conditions;
(b) any use made or resale by the Buyer of any of the Products, or of any product incorporating any of the Products; and
(c) any representation, statement or tortious act or omission including negligence arising under or in connection with the Contract.
11.2 All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded from the Contract.
11.3 Nothing in these conditions excludes or limits the liability of the Company:
(a) for death or personal injury caused by the Company's negligence; or
(b) under section 2(3), Consumer Protection Act 1987; or
(c) for any matter which it would be illegal for the Company to exclude or attempt to exclude its liability; or
(d) for fraud or fraudulent misrepresentation.
11.4 Subject to condition 11.2 and condition 11.3:
(a) our total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the order shall be limited to the product price; and
(b) we shall not be liable to you for any pure economic loss, loss of profit, loss of business, depletion of goodwill or otherwise, in each case whether direct, indirect or consequential, or any claims for consequential compensation whatsoever (howsoever caused) which arise out of or in connection with the order.
11.5 We will use reasonable endeavours to verify the accuracy of any information on the site but make no representation or warranty of any kind express or implied statutory or otherwise regarding the contents or availability of the site or that it will be timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the website and we will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website and we accept no liability of any kind for any loss or damage from action taken or taken in reliance on material or information contained on the site.
11.6 This clause does not affect your statutory rights as a consumer, nor does it affect your contract cancellation rights.
11.7 We will take all reasonable precautions to keep the details of your order and payment secure, but, unless we are negligent, we cannot be held liable for any losses caused as a result of unauthorised access to information provided by you.
12.1 We may assign the order or any part of it to any person, firm or company.
12.2 You shall not be entitled to assign the order or any part of it without our prior written consent.
13.1 We reserve the right to defer the date of delivery or to cancel the order or reduce the volume of the order placed by you (without liability to you) if we are prevented from or delayed in the carrying on of our business due to circumstances beyond our reasonable control including, without limitation, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labour disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, provided that, if the event in question continues for a continuous period in excess of 14 days, you shall be entitled to give notice in writing to us to terminate the order.
14.1 Each right or remedy we have under these terms and conditions is without prejudice to any other right or remedy we have whether under the order or not.
14.2 If any provision of these terms and conditions are found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of these terms and conditions shall continue in full force and effect.
14.3 Failure or delay by us in enforcing or partially enforcing any provision of these terms and conditions shall not be construed as a waiver of any of our rights under these terms and conditions.
14.4 The parties to these terms and conditions do not intend that any term of these terms and conditions shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person that is not a party to it.
14.5 The formation, existence, construction, performance, validity and all aspects of the contract shall be governed by English law and the parties submit to the exclusive jurisdiction of the English courts. English is the only language offered for the conclusion of the contract.
15.1 In the event you may need to contact us our details are The Buggy Brolly Company, PO Box 7072, Irthlingborough, Wellingborough, Northamptonshire, NN8 9BW, England. Telephone: 01933 652070, Email: enquiries@buggybrolly.com.
We recommend you print out a copy of these terms and conditions for your future reference.
