In these Terms the following words shall mean:
Contact Address: Customer Care, Just Another Baby? Marsh View, Sandygate, Exeter, Devon, EX2 7JL
Contract: these Terms and the Order;
Goods: the items advertised on the Website purchased by you from us;
Intellectual Property Rights – all patents, database rights, copyright, design rights, trade marks and other similar rights wherever existing in the world whether registered or unregistered together with the right to apply for protection of the same;
Order: the order for Goods placed by You and accepted by Us subject to these Terms;
Order Form: the order form submitted by You subject to these Terms setting out the Goods You wish to Order;
Us, Our, We: Not Just Another Baby Limited, a company registered in England and Wales with company number 07135335 and having its registered office at 2 Barnfield Crescent, Exeter, EX1 1QT trading as Just Another Baby?
User: any person who browses the Website;
Website: the website identified by the URL http://www.justanotherbaby.co.uk or such other URL that We may use in connection with the Goods from time to time;
You, Your: the person or organisation using the Website or buying Goods from Us pursuant to these Terms.
In these Terms references to “in writing” shall include e-mail. Any queries regarding these Terms, the Goods or Your Order must be made to the Contact Address.
Application of these Terms
If you are submitting an Order Form, you agree to be bound by these Terms. If you are a User, Your use of the Website constitutes Your agreement to be bound by these Terms insofar as they are relevant to use of the Website only. These Terms (as amended by Us from time to time see below) shall apply to the exclusion of any other terms or conditions and You agree to abide by them. We reserve the right to vary these Terms at any time. If so, the updated version will be posted on the Website and You will bound by the updated version if You continue to use the Website thereafter.
USING OUR WEBSITE
All copyright, trademarks, design rights, patents and other intellectual property rights (registered and unregistered) in and on justanotherbaby.co.uk and all content located on the site shall remain vested in Not Just Another Baby Limited. You may not copy, reproduce, republish, disassemble, decompile, reverse engineer, download, post, broadcast, transmit, make available to the public, or otherwise use justanotherbaby.co.uk content in any way except for your own personal, non-commercial use. You also agree not to adapt, alter or create a derivative work from any justanotherbaby.co.uk content except for your own personal, non-commercial use. Any other use of justanotherbaby.co.uk content requires prior written permission from Not Just Another Baby Limited.
You agree to use justanotherbaby.co.uk only for lawful purposes and in a way that does not infringe the rights of, restrict or inhibit anyone else’s use and enjoyment of justanotherbaby.co.uk. Prohibited behaviour includes harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content or disrupting the normal flow of dialogue within justanotherbaby.co.uk.
Contributions to justanotherbaby.co.uk
By sharing any contribution (including any text, photographs, graphics, video or audio) with justanotherbaby.co.uk you agree to grant to Not Just Another Baby Limited, free of charge, permission to use the material in any way it wants (including modifying and adapting it for operational and editorial reasons). In certain circumstance Not Just Another Baby Limited may also share your contribution with trusted third parties.
Copyright in your contribution will remain with you and this permission is not exclusive, so you can continue to use the material in any way including allowing others to use it.
In order that Not Just Another Baby Limited can use your contribution, you confirm that your contribution is your own original work, is not defamatory and does not infringe any UK laws, that you have the right to give Not Just Another Baby Limited permission to use it for the purposes specified above, and that you have the consent of anyone who is identifiable in your contribution or the consent of their parent/guardian if they are under 16.
Please do not endanger yourself or others, take any unnecessary risks or break any laws when creating content you may share with Not Just Another Baby Limited.
If you do not want to grant Not Just Another Baby Limited the permission set out above on these terms, please do not submit or share your contribution to or with justanotherbaby.co.uk. If you have any questions about contributing content please contact Not Just Another Baby Limited: email@example.com
You agree to use justanotherbaby.co.uk communities (including message boards) in accordance with the following Community Rules. These apply across all justanotherbaby.co.uk community sites and services.
About your posts:
- Contributions must be civil and tasteful.
- No disruptive, offensive or abusive behaviour: contributions must be constructive and polite, not mean-spirited or contributed with the intention of causing trouble.
- No unlawful or objectionable content: unlawful, harassing, defamatory, abusive, threatening, harmful, obscene, profane, sexually oriented, racially offensive or otherwise objectionable material is not acceptable.
- Be patient: users of all ages and abilities may be taking part in the relevant justanotherbaby.co.uk community.
- No spamming or off-topic material; we don’t allow the submission of the same or very similar contributions many times. Please don’t re-submit your contribution to more than one discussion, or contribute off-topic material in subject-specific areas.
- No advertising or promoting.
- Contributions containing languages other than English may be removed
- No impersonation.
- URLs (web site addresses) can only be posted if allowed under any relevant local house rules.
- Deliberate misuse of the complaints facility is not permitted. If you persist in doing this, action may be taken against your account.
Don’t reveal personal information
We advise that you never reveal any personal information about yourself or anyone else (for example: telephone number, postal address, home address or email address or any other details that would allow you to be personally identified) in any Not Just Another Baby Limited community.
- You may not submit or share any defamatory or illegal material of any nature in justanotherbaby.co.uk communities. This includes text, graphics, video, programs or audio.
- Contributing material to a justanotherbaby.co.uk community with the intention of committing or promoting an illegal act is strictly prohibited.
- You agree to submit to or share with justanotherbaby.co.uk communities only contributions which are your own original work. You must not violate, plagiarise, or infringe the rights of Not Just Another Baby Limited including copyright, trade mark, trade secrets, privacy, and publicity, personal or proprietary rights.
If you breach these Community Rules:
If you fail to abide by these Community Rules when taking part in a justanotherbaby.co.uk community, you will be sent an email which informs you why your contribution has been refused or edited. This email will also include a warning that continuing to break the rules may result in action being taken against you.
This action may include any content posted by you being checked before it is allowed to appear on the site, or a temporary or permanent suspension of your ability to participate in any or all of justanotherbaby.co.uk community areas.
If you submit or share offensive or inappropriate content to or with any justanotherbaby.co.uk communities or anywhere else on justanotherbaby.co.uk or otherwise engage in any disruptive behaviour on justanotherbaby.co.uk, and Not Just Another Baby Limited considers such behaviour to be serious and/or repeated, Not Just Another Baby Limited may use whatever information that is available to it about you to stop any further such infringements. This may include informing relevant third parties such as your employer, school or email provider about the infringement(s).
Not Just Another Baby Limited reserves the right to delete any contribution, or take action against any individual, at any time, for any reason.
Disclaimers and Limitation of Liability
While we endeavour to ensure that the information on this Website is correct, We do not warrant the accuracy and completeness of the material on this Website. We may make changes to the material on this Website at any time without notice. The material on this Website may be out of date, and We make no commitment to update such material.
The material on this Website is provided “as is”, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, We provide You with this Website on the basis that We exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to this Website. We do not warrant that this Website, its servers, or emails which may be sent by Us are free from viruses or other harmful components.
We exclude all liability and responsibility for any amount or kind of loss or damage that may result to You or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in any way or in connection with this Website; the use, inability to use or the results of use of this Website; any websites linked to this Website or the material on such websites; Your downloading of any material from this Website or any websites linked to this Website; or viruses that may infect Your computer equipment, software, data or other property on account of Your access to, use of, or browsing of this Website.
Nothing in these terms limits or excludes Not Just Another Baby Limited’s liability for death or personal injury caused by its proven negligence. Subject to the previous sentence, Not Just Another Baby Limited shall not be liable for any of the following losses or damage (whether such damage or losses were foreseen, foreseeable, known or otherwise): (a) loss of data; (b) loss of revenue or anticipated profits; (c) loss of business; (d) loss of opportunity; (e) loss of goodwill or injury to reputation; (f) losses suffered by third parties; or (g) any indirect, consequential, special or exemplary damages arising from the use of justanotherbaby.co.uk regardless of the form of action.
Some of content posted in justanotherbaby.co.uk is created by members of the public. The views expressed are theirs and unless specifically stated are not those of Not Just Another Baby Limited. Not Just Another Baby Limited are not responsible for any content posted by members of the public on justanotherbaby.co.uk or for the availability or content of any third party sites that are accessible through justanotherbaby.co.uk. Links to a third party website from justanotherbaby.co.uk do not amount to any endorsement of that site by Not Just Another Baby Limited and any use of that site by you is at your own risk.
Not Just Another Baby Limited do not warrant that functions available on justanotherbaby.co.uk will be uninterrupted or error free, that defects will be corrected, or that justanotherbaby.co.uk or the server that makes it available are free of viruses or bugs. You acknowledge that it is your responsibility to implement sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output.
While We endeavour to ensure that this Website is available 24 hours a day, We shall not be liable if for any reason this Website is unavailable at any time or for any period. We give no warranties as to the availability, performance or accessibility of the Website. Access to this Website may be suspended temporarily and without notice at Our discretion including without limit in the case of system failure, maintenance or repair or for reasons beyond our control.
We have made all reasonable efforts to accurately display the sizes, colours, shapes and patterns of the Goods for sale on Our Website. You acknowledge and accept however that sizes, colours, shapes and patterns shown on the Website are approximate only. Colours in particular may differ due to Your own computer visual settings and hardware. If the Goods You have ordered are not available in the colour, design or size You have requested We will notify You of the colours, designs or sizes currently available. Your Order will not be accepted and You may then resubmit Your Order Form for the Goods in an available colour, design or size.
The contract between You and Us
We must receive payment of the whole price for the Goods that You Order before Your Order can be accepted. Please follow directions given on the Website to place an Order. Payment shall be made by You by the means specified on the Website and shall not be deemed to be made until We have received cleared funds in respect of the full amount stated in the Order. Once payment has been received by Us We will confirm that Your Order has been received by sending an e-mail to You at the email address You provide in Your order form.
You have the right to cancel the Order up to the point at which the Goods are dispatched by Us. If You wish to cancel pursuant to this clause then You must notify Us in writing. Should You cancel Your Order before dispatch We will refund in full the amount forwarded by You within 21 days of the Order being cancelled. Credit card charges will be refunded on the same credit card only. Our acceptance of an Order does not take place until dispatch of the Order, at which point a purchase contract will be made.
The price payable for Goods that You Order are as set out in Our Website; The prices payable for Goods exclude delivery charges. Delivery charges are shown separately when ordering Your Goods. Prices are subject to change without notice but changes will not affect Orders which We have already accepted. Prices are inclusive of VAT. The Price is exclusive of any import or export duty.
Right of Cancellation
You may cancel Your Order at any time up to the end of the seventh (7th) working day starting from the date immediately after You receive the ordered Goods provided those Goods are unopened and sealed in their original packaging, unused and in no worse condition than when they were received by You. To cancel Your Order You must notify Us in writing before the end of the period set out above. All cancellations should be undertaken in accordance with and subject to Our Returns Procedure.You must send the Goods back to Our Contact Address at Your own cost and risk.
Once You have notified Us that You are cancelling Your Order, any sum debited to Us from Your credit card will be re-credited to Your account as soon as possible and, in the event that the Goods have been dispatched, within 21 days of Your cancellation notice PROVIDED THAT the Goods in question are returned by You and received by Us in the condition they were in when delivered to You and in their original packaging. If applicable and unless the Goods are faulty, We shall be entitled to deduct the direct costs of recovering the Goods from the amount to be re-credited to You.
Cancellation by Us
We reserve the right to cancel the Contract if:
a. we have insufficient stock to deliver the Goods You have ordered; or
b. we do not deliver to Your area or country; or
c. if one or more of the Goods You ordered was listed with incorrect information including without limit price, and/or description for whatever reason; or
d. if We have reason to believe that You will fail to pay for the Goods or that You will not comply with these Terms.
Delivery of Goods to You
We will deliver the Goods ordered by You to the address You give Us for delivery at the time You make Your Order. Unless We notify You otherwise, delivery will be made as soon as possible after Your Order is received but in any event within 30 days. You will become the owner of the Goods You have ordered when You have paid for them and when they have been delivered to You. Once Goods have been delivered to You they will be held at Your own risk and We will not be liable for their loss or destruction.
We will not deliver to a PO Box address. We also reserve the right not to deliver Orders if We believe the address is not secure, for example a communal postal address.
Liability and Limitation
If the Goods We deliver are not what You ordered or are damaged or defective when You receive them 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 seven (7) working days starting from the date immediately after the delivery of the Goods in question. Our only obligation will be, at Our option to:
a. make good any shortage or non-delivery or incorrect delivery; or
b. replace or repair any Goods that are damaged or defective; or
c. refund to You the amount paid by You for the Goods in question provided that the above obligations shall not apply when such damage or defect has arisen as a consequence of any negligence by You or Your failure to comply with any reasonable instructions issued by Us.
Save as precluded by law, We will not be liable to You for any indirect or consequential loss, damage or expenses ( including loss of profits, business or goodwill) howsoever arising. Without prejudice to the foregoing, our total aggregate liability to You under and/or arising in relation to the Contract shall not exceed the amount paid by You for the Goods.
You must observe and comply with all applicable regulations and legislation, including obtaining all necessary customs, import or other permits to purchase Goods from Our Website. The importation or exportation of certain of our Goods to You may be prohibited by certain national laws. We make no representation and accept no liability in respect of the export or import of the Goods You purchase.
Notwithstanding the above, nothing in these Terms is intended to limit any rights You might 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.
You acknowledge and accept that save as expressly stated on the Website We give no representation, warranty or statement as to the Goods including without limit their quality and/or suitability.
You acknowledge and agree to be bound by the terms of our Returns Procedure.
Events beyond our control
We shall have no liability 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, lock-outs, terrorism and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
Unless otherwise expressly stated in these Terms, all notices from You to Us must be in writing and sent to Our Contact Address
If any part of these Terms is unenforceable (including any provision in which We exclude our liability to You) the enforceability of any other part of these conditions will not be affected.
Third party rights
A person who is not a party to this Contract has not got any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any terms of this Contract but this does not affect any right or remedy of a third party that exists or is available apart from that Act.
This Contract shall be governed by and interpreted in accordance with English law and the English Courts shall have jurisdiction to resolve any disputes between us.
If You have any concerns or complaints about the Goods, this Website or the service You have received then please write to the Contact Address.