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Member’s Terms and Conditions

Updated on: [29/04/2013]

Effective on: [29/04/2013]

  1. Incorporation of terms and conditions

    1. These are the terms (‘Terms and Conditions’) on which Kidsonestopshop Limited (Company Number 06955259) (‘Company’) operate its Membership Scheme. They are designed to set out clearly the Company’s responsibilities and your rights. As such, it is imperative that you read and understand these terms. By signing up as a Member, you agree to be bound by these Terms and Conditions, the Privacy Policy and the Terms of Use of Website  of the Company’s Website.

    2. In order to purchase products or items on the Product Pages (defined below), you must sign up as a Member. If you have not signed up as a Member, you will be required to do so when checking out.

    3. The Company’s details are as follows:

 

 

Kidsonestopshop Limited (Company Number 06955259)

Wendy lavender , 57 bournside Road, Cheltenham, GL51 3AL

Phone No:01242 234345

VAT registration: 113 3706 51

Company Number: 06955259

2.Definitions

 

 

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      In these Terms and Conditions, the following expressions shall have the following meanings:

      ‘Account’

      means account and defined in Clause 4.3.

      ‘Email’

      means email as defined in Clause 4.4.

      ‘Intellectual Property Rights’

      means all patents, rights to inventions, utility models, copyright and related rights, trade marks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.

      ‘Member’

      means you who has duly completed the Registration Form and for which the Company has accepted you as a member by creating a Username and Password for you.

      ‘Membership Scheme’

      means membership scheme as defined in Clause 3.3.

      ‘Password’

      means password as defined in Clause 4.4.

      ‘Product Page’

      means a page on the Website listing items or products which a Seller wishes to sell via the Website.

      ‘Seller’

      a third party seller authorised by the Company to list items or products for sell on Product Pages and to sell such items or products via the Website.

      ‘Registration Form’

      means registration form as defined in Clause 4.1.

      ‘Username’

      means username as defined in Clause 4.4.

      ‘Website’

      means website with the domain name http://www.kidsonestopshop.co.uk.


        1. In these Terms and Conditions, references to any statute or statutory provision shall, unless the context otherwise requires, be construed as a reference to that statute or statutory provision as from time to time amended, consolidated, modified, extended, re-enacted or replaced.

        2. In these Terms and Conditions, references to the masculine include the feminine and the neuter, and references to the singular include the plural and vice versa as the context admits or requires.

        3. In these Terms and Conditions headings will not affect the construction of these Terms and Conditions.

          3. Membership Schedule and Eligibility

        1. You must be a resident of the United Kingdom aged 18 years or over in order to join the Membership Scheme.

        2. To verify your age and identity, the Company reserves the right to request proof of identity from you.

        3. The membership scheme (‘Membership Scheme’) offers you the following exciting opportunities:

          1. to purchase items and/or products offered by Sellers on the Product Pages of the Website;

          2. the opportunity to enter competition or prize draws;

          3. the opportunity to receive information from the Company as to the latest offers; and

          4. such other facilities and/or services which the Company may make available from time to time to its Members.

            4. Membership Scheme Account - Registration, Use and Cancellation Rights

        1. To join the Membership Scheme as a Member, you must register yourself by filling up the registration form [make registration form a link] (‘Registration Form’). It is FREE to join the Membership Scheme.

        2. You must complete all the mandatory fields in the Registration Form and you undertake to complete the Registration Form with true and accurate information about yourself to the Company at all times. Failure to do so may result in your membership being suspended or removed.

        3. Upon completing and submitting the Registration Form, the Company will either approve or reject your application to join the Membership Scheme. If your application is approved, an account (‘Account’) will be created for you.

        4. Once an Account is opened, you will be provided with a username (‘Username’) and password (‘Password’) in order to operate the Account. Such Username and Password would be sent to your nominated email address which you specified in the Registration Form (‘Email’).

        5. You may only create and/or open only one Account unless otherwise authorised by the Company in writing. In the event you create more than one Account without the Company’s authorisation, the Company reserves the right to suspend and remove such Account without liability to the Company.

        6. You are solely responsible for the security of your Username and Password and must not disclose your Username and Password to anyone. You must inform the Company immediately if your Username and/or Password have been compromised due to your action or negligence. In such a case, the Company will suspend such Account and open a new Account for you.

        7. If your Username or Password has been compromised for any other reason, you must inform the Company as soon you become aware of such compromise. In such a case, the Company will suspend such Account and open a new Account for you.

        8. You have the right to cancel your Account with the Company at anytime by providing the Company with written notice. You may also provide the Company with such notice by emailing the Company at [info@kidsonestopshop.co.uk].

        9. You must not use any your Account: (i) in any way that causes, or is likely to cause, services provided on the Website, or any access to it to be interrupted, damaged or impaired in any way; (ii) for fraudulent purposes, or in connection with a criminal offence or other unlawful activity; or (iii) to cause annoyance, inconvenience or anxiety to anyone.

          5. Buying Products on Product Pages

        1. The Company allows third party Sellers to list and sell their items and products on the Product Pages of the Website and the Company acts as a platform provider to assist and facilitate transactions that are carried out on the Website. The Company is not the seller of the item and/or products and the Company is merely providing a venue for sellers and buyers to negotiate and complete transactions. Accordingly, if you purchase any item and/or products of from any Sellers on the Website, the contract formed at the completion of a sale for such items and/or products is solely between you and the relevant Sellers. The Company is not a party to that contract nor does the Company assume any responsibility arising out of or in connection with it. Om addition, the Company is not the Seller's agent.

        2. The Seller is responsible for the sale of the items and products which it lists on the Product Pages, the information pertaining to the items and products which it lists on the relevant Product Pages and for dealing with any claims or any other issue arising out of or in connection with the contract(s) between you and the Seller. As such, save as provided in Clause 5.5, you agree that you will have no recourse and/or claims against the Company and if you have any grievances, you should take those directly with the Seller.

        3. Each order you place through the Website to purchase items and/or products from a Seller shall be deemed to be an offer by you to purchase such items and/or products from the Seller which is subject to:

          1. these Terms and Conditions;

          2. the provisions set out in the relevant Product Page (if any); and

          3. the Seller’s terms and conditions.

      In the event of any inconsistencies between the provisions set out in these Terms and Conditions, the provisions in the relevant Product Page and/or the Seller’s terms and conditions, the provisions in these Terms and Conditions will prevail.

        1. No order shall be deemed to be accepted by the Seller until the Seller dispatches the Product to you even if it has issued an email acknowledging your order. The contract between you and the Seller will relate only to those products notified in that email.

        2. Notwithstanding Clauses 5.1 and 5.2 but subject to Clause 5.6, because the Company wants you have a safer buying experience, the Company will in addition to any rights and remedies (whether contractual, statutory and/or otherwise) which you may have against the Seller, provide an additional guarantee which is consistent with the Consumer Protection (Distance Selling) Regulations 2000. The addition guarantee is as follows:

          1. Within seven (7) working days beginning with the day after the day of receipt of any product you purchased from a Seller, you may exercise your right of cancellation in respect of such product by sending the Company written notice of cancellation by emailing [insert email address here];

          2. You must promptly return the product to the Seller at your cost.

          3. The Company will refund your payment for such product including delivery cost from the Seller to you.

        3. The following items and/or products are not covered by the guarantee set out in Clause 5.5:

          1. personalised items that are customised or specially made to your order;

          2. perishable products, including magazines, food and flowers.

          3. products including art, pictures, sculpture, ceramics and other creative pieces that are specially commissioned when you place an order;

          4. personal items sold with a hygiene seal (e.g. diapers, creams and underwear) in instances where the seal is broken; and

        4. products exempted under the relevant cooling off period provisions set out in the Consumer Protection (Distance Selling) Regulations 2000 including Regulations 5 and 6.

        5. For the avoidance of doubt, any items and/or products purchased from a Seller which are not transacted through the Website are not covered by the guarantee set out in Clause 5.5.

        6. Please note that if product or item returned by you is damaged by you, the Seller and the Company reserves the right to commence legal proceedings against you for any loss suffered by such Seller and/or the Company.

          6. Price and Payment

        1. As the Company provides a platform to assist and facilitate transactions between you and the Seller, the Company also provides a payment facility for you to pay the Seller. In this regard, the Company’s payment facility accepts payment through [Visa and Master Card (collectively as ‘Credit Cards’), Switch and/or Pay Pal].

        2. All prices shall be shown in pound sterling and payable in that currency. You accept that some banks may charge you an additional fee for international transactions. You accept that delivery charges may vary depending on the destination. [For delivery destinations within the EU, prices include VAT or other sales taxes where applicable. For delivery destinations outside the EU, prices do not include VAT or other sales taxes.]

        3. If you order products or items from the Website for delivery outside the United Kingdom, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that the Company and the Seller have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.

        4. [Please also note that the items and/or products made available for sale by Sellers on the Website are directed solely at United Kingdom residents. As such, the Company and the Sellers make no representation that any items and/or products sold through the Website are appropriate or available for use outside the United Kingdom. You must comply with all applicable laws and regulations of the country for which the items and/or products are destined. Please note that items and products may not be deliverable overseas due to local law and it shall be your responsibility for any failure to deliver the goods overseas due to local law. The Company and the Sellers will not be liable for any breach by you of any laws.]

        5. No payment shall be deemed to have been received until the Company has received cleared funds from you.

        6. The Company may refuse to process a transaction for any reason or refuse service to anyone at any time at its sole discretion. The Company will not be liable to you or any third party by reason of so refusing or by reason of unwinding or suspending any transaction after processing has begun.

        7. If the Seller informs the Company of an error in the price of any products and/or items that you have ordered, the Company may contact you to let you know the correct price and ask you whether you still wish proceed with the transaction at correct price. The Company and the Seller shall be under no obligation to fulfil your order for any items and/or products which were advertised at an incorrect price. The Company and the Seller will give you the option of confirming your order at the correct price or if you so choose, to cancel your order altogether. Where you cancel your order for which you have already paid for, the Company will refund the full amount to you.

          7. Delivery

      The delivery arrangements will be as set out in relevant Product Page or the email confirmation sent by the Seller to you.

      8. Disclaimers

        1. Insofar as the Company is concerned but without prejudice to any rights and/or remedies which you may have against the Seller, the items and/or products listed on Product Pages are made available for you to purchase on an ‘as is’ basis. The Company cannot give any undertaking that such items and/or products listed on the Product Pages would be of satisfactory quality, and the Company specifically disclaims all warranties (whether express or implied) absolutely to the fullest extent permitted by law. This disclaimer does not affect your statutory rights against the Seller. The Company may disclose your customer information related to your transaction(s) to the relevant Seller.

        2. The Company will use reasonable endeavours to provide the services on the Website and to make the Website available to you 24 hours and 7 days a week throughout the year. The Company and the Seller reserve the right to withdraw or amend any item and/or product listed on the relevant Product Page without notice and without giving any reason. The Company will not be liable if for any reason the Website is unavailable at any time or for any period.

        3. The Company reserves the right to carry out maintenance whether routine or otherwise to the Website and during such time, the Website may not be available.

        4. The Company does not review or control, and is not responsible in any way for listings made by Sellers on the Product Pages and at no time does the Company possess any items and/or products offered for sale by Sellers through the Website.

          9. Competitions and Prize Draws

        1. From time to time, the Company may organise competitions or prize draws. Such competitions and prize draws will be governed by separate terms and conditions which would set out the rules pertaining to such competitions or prize draws.

        2. Unless otherwise stated in the relevant rules pertaining to such competitions or prize draws:

          1. the Company excludes liability for any loss or damage suffered whether loss of opportunity, loss of goodwill and/or reputation and/or damage to property to the fullest extent permitted by law; and

          2. any decision made by the Company in relation to the winners of such competitions or prize draw shall be final and no appeals shall be entertained.

            10. Change in these Terms and Intellectual Property

        1. The Company reserves the right from time to time to change these Terms and Conditions at its discretion.

        2. Where the Company exercises its right under Clause 10.1, the Company will notify you of such change by sending you an email to your nominated Email address prior to making such change to these Terms and Conditions. If you decide not to accept such changes, you must notify the Company and cease becoming a Member. If you do not take any action or continue to use the Website, you will be deemed to accept such changes.

        3. The Company and its licensors reserves all right, title and interest in its Intellectual Property Rights in the Website and the services made available on the Website.

          11. Termination

        1. Either party may terminate your membership forthwith by notice in writing to the other if that other either:

          1. if the other party is in material breach of these terms, the Privacy Policy [make the Privacy Policy a link] or Terms of Use [make the Terms of Use a link] provided that if the breach is capable of remedy the notice shall only be given if the party in breach shall not have remedied the same within 28 days of having been given notice in writing specifying the breach and requiring it to be remedied; or

          2. is unable to pay its debts or enters into compulsory of voluntary liquidation (other than for the purpose of effecting a solvent reconstruction or amalgamation in such manner that the entity resulting from such reconstruction or amalgamation if a different legal entity shall agree to be bound by and assume the obligations of the relevant party under these Terms and Conditions) or compounds with or convenes a meeting of its creditors or has a receiver or manager or an administrator appointed of its assets or ceases for any reason to carry on business or takes or suffers any similar action which in the opinion of the party giving notice means that the other may be unable to pay its debts; or where the other party is an individual, such party is bankrupt.

        2. Termination of your membership shall not affect the accrued rights of the parties arising out of these terms, Privacy Policy or Terms of Use as at the date of termination.

        3. Upon termination of your membership, you will no longer be able to purchase items and/or products on the Website or enjoy the opportunities and facilities provided under the Membership Scheme.

        4. All provisions of these Terms and Conditions, Privacy Policy or Terms of Use which in order to give effect to their meaning need to survive its termination shall remain in full force and effect after termination.

          12. Liability

        1. Nothing in these Terms and Conditions exclude or limits the liability of either party:

          1. for death or personal injury caused by the relevant party’s negligence; or

          2. for any matter which it would be illegal for the either party to exclude or attempt to exclude its liability; or

          3. for fraud or fraudulent misrepresentation.

        2. Subject to Clause 12.1, to the fullest extent permitted at law or otherwise, the Company will not be liable to you (whether in contract, tort or any statutory implied term) for any damages and/or loss of any kind, including without limitation to direct, indirect, incidental, punitive, special and/or consequential loss arising out of or in connection with these Terms and Condition, the Website, the Membership Scheme, or resulting from any items and/or products purchased by you via the Website whether or not the Company has been advised of the possibility of such damage and/or loss. For the avoidance of doubt, the Company will not be liable for loss of profits, loss of opportunity, loss of a bargain, loss of data and/or loss of revenue suffered by you arising out of or in connection with these Terms and Condition, the Website, the Membership Scheme, or resulting from any items and/or products purchased by you via the Website whether or not the Company has been advised of the possibility of such damage and/or loss.

        3. Subject to Clauses 12.1 but without prejudice to Clause 12.2, the Company’s total liability to you in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of these Terms and Conditions, Privacy Policy or Terms of Use of Website shall be limited to:

          1. [£1,000.00] in respect of any matter for which the Company does not carry insurance; or

          2. the insured value for matters for which the Company carries insurance.

            13. Assignment

        1. The Company shall be entitled to assign, licence or sub-contract to any third party the benefit and/or burden of these Terms and Conditions, Privacy Policy or Terms of Use of Website as the case may be.

        2. You are not entitled to assign, licence or sub-contract to any third party the benefit and/or burden of these Terms and Conditions, Privacy Policy or Terms of Use of Website.

          14. Force Majeure

      Neither party shall be in breach of these Terms and Conditions, Privacy Policy or Terms of Use of Website if there is any total or partial failure of performance by it of its duties and obligations under these Terms and Conditions occasioned by any act of God, fire, act of government or state war, civil commotion, insurrection, embargo, prevention from or hindrance in obtaining any raw materials, energy, inability of the Company’s subcontractors to provide the Company with services which would impact on these Terms and Conditions or Membership Scheme or other cause beyond the control of either party. If either party is unable to perform its duties and obligations under these Terms and Conditions, Privacy Policy or Terms of Use of Website as a direct result of the effect of one or more of such causes such party shall give written notice to the other of such inability stating the cause in question. The operation of these Terms and Conditions, Privacy Policy or Terms of Use of Website shall be suspended during the period in which the cause continues to have effect. Forthwith upon the cause ceasing to have effect the party relying on it shall give written notice to the other. If the cause continues to have effect for a period of more than ninety (90) days the party not claiming relief under this Clause shall have the right to terminate your membership upon giving thirty days written notice of such termination to the other party but such notice shall not take effect if the other party gives notice within that period that the cause has ceased to prevent the operation of these Terms and Conditions, Privacy Policy and/or Terms of Use of Website.

      15. Illegality

      If any provision or term of these Terms and Conditions, Privacy Policy [make this privacy policy a link] or Terms of Use of Website shall become or be declared illegal invalid or unenforceable for any reason, such term or provision shall be divisible from these Terms and Conditions, Privacy Policy or Terms of Use of Website (as the case may be) and shall be deemed to be deleted from these Terms and Conditions, Privacy Policy or Terms of Use of Website (as the case may be) provided always that if such deletion substantially affects or alters the commercial basis of these Terms and Conditions, Privacy Policy or Terms of Use of Website (as the case may be) the Company shall be entitled to forthwith terminate your membership without liability.

      16. Entire Agreement

        1. These Terms and Conditions, Privacy Policy or Terms of Use of Website constitute the entire agreement and understanding between the parties and supersedes all oral or written agreements understandings or arrangements between them relating to the subject matter of these Terms and Conditions, Privacy Policy or Terms of Use of Website (as the case may be). Neither party shall be entitled to rely on any agreement understanding or arrangement which is not expressly contained in these Terms and Conditions, Privacy Policy or Terms of Use of Website (as the case may be) and no change may be made to these Terms and Conditions, Privacy Policy or Terms of Use of Website (as the case may be) save as provided in these Terms and Conditions, Privacy Policy or Terms of Use of Website (as the case may be) and save that neither party hereby waives any right which it may have to claim damages for breach of any misrepresentation or warranty made fraudulently.

        2. No failure or delay on the part of either of the parties to exercise any right or remedy under these Terms and Conditions, Privacy Policy or Terms of Use of Website (as the case may be) shall be construed or operate as a waiver nor shall any single or partial exercise of any right or remedy preclude the further exercise of such right or remedy as the case may be. The rights and remedies provided in these Terms and Conditions, Privacy Policy or Terms of Use of Website (as the case may be) are cumulative and not exclusive of any rights or remedies provided by law.

          17. Notice and Dispute

        1. The Company is always interested to get your feedback or comments. If you need wish to contact the Company, please email the Company at [info@kidsonestopshop.co.uk].

        2. If you have any disagreement or are dissatisfied with the Company, please contact the Company at [info@kidsonestopshop.co.uk]. The Company will use reasonable endeavours to resolve such disagreement or dissatisfaction.

          18. Governing Law and Jurisdiction

      The validity construction and performance these Terms and Conditions, Privacy Policy or Terms of Use of Website shall be governed by English Law and shall be subject to the exclusive jurisdiction of the English Court.

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