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Terms and Conditions

 

Updated 6 March 2014

 

Please read these Terms and Conditions carefully before ordering any of the products listed on our website (“Products”).  You should understand that by ordering any of our Products, you agree to be bound by these Terms and Conditions.

 

This legal notice applies to all purchases made by you through the website at www.childsfarm.com (“the Site”). The Site is operated by Childs Farm Limited, which has its registered address at Childs Farm Limited, The Old Bakehouse, Course Road, Ascot, Berkshire, SL5 7HL (“Childs Farm”). Childs Farm’s VAT number is 110 452568.

 

Childs Farm may, from time to time, fulfil its obligations to you through a third party.  Any references in these Terms and Conditions to "we" or "us" (or similar) are references to Childs Farm itself or acting through such third parties, unless the context requires otherwise.

 

PLEASE DO NOT SEND RETURNS TO THE ABOVE ADDRESS.  SEE CLAUSE 7 BELOW FOR DETAILS ON HOW TO RETURN products to us.

 

These Terms and Conditions are additional to, and not a substitute for, the general terms and conditions of use of the Site which can be found at Website Terms and Conditions  and our privacy policy, which can be found at Privacy Policy . 

 

  1. Products

 

  • Childs Farm hereby warrants that it has the right to supply all the Products offered by it on the Site and that the Products will substantially comply with their description. However, descriptions and images of the Products on the Site are not intended to be binding and are intended only to give a general description of the Products.

 

  • To the maximum extent permissible, Childs Farm makes no other warranties or promises about the Products and any implied warranties are excluded.

 

  1. Eligibility to use this Site to order Products

 

  • By placing an order through the Site, you undertake to us that:

  • you are aged 18 or over; and

 

  • all details you provide to us are true, accurate, current and complete in all respects, that the credit or debit card you are using is your own and that there are sufficient funds in your account to cover payment of the Product(s) ordered.

 

  1. Availability, Prices and Information

 

  • All Products are offered for sale subject to availability.  The price for the Products shall be the price listed on the Site on the date of your order inclusive of VAT but exclusive of delivery charges, which will be added to the total amount due and shown at the “Checkout” stage of the ordering process.

 

  • We aim for all prices listed on the Site to be correct at the time of entering the information.  We shall be under no obligation however to fulfil an order for Product(s) that were advertised at an incorrect price.  In the event that you order Product(s) and the price published is incorrect for any reason, we will contact you to inform you that your order has been cancelled.  You will be advised of the correct price of the Product(s) and you may re-order it if you wish.  If you have already paid for the Product(s), we shall refund the full amount. Should you choose to re-order at the correct price, a separate transaction will occur.

 

  • Payment must be made by the credit or debit cards listed from time to time in the “Shop” and “Checkout” sections of the Site. 

 

 

  • If you order Product(s) from our Site for delivery outside the UK, 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.

 

  1. Ordering on the Site

 

  • Once you click on the "Confirm Order" button, Childs Farm will treat you as having made an offer to purchase the Product(s) subject to these Terms and Conditions. You are responsible for ensuring the accuracy of your order.

 

  • Childs Farm will send you an email to confirm receipt of your order. Childs Farm will then also send you an e-mail confirming whether or not the Product(s) are available and, if so, have been dispatched ("Dispatch Confirmation"). It is only at the point when dispatch is confirmed that a contract for the supply of the Product(s) is formed between us ("the Contract"). The Dispatch Confirmation will be sent to the email address provided when you placed your order and will detail the Product(s) ordered, payment method, cost (including VAT and delivery charges) and estimated delivery times. The Contract will only relate to the Product(s) whose dispatch we have confirmed in the Dispatch Confirmation.  We will not be obliged to supply any other Product(s) which may have formed part of your order until the dispatch of such Product(s) has been confirmed in a separate Dispatch Confirmation.

 

  • You should print off and retain the Dispatch Confirmation for your records.  Please check that all the details on the Dispatch Confirmation are correct and contact us as soon as possible if you become aware that any of the details are incorrect.

 

  1. Personal Data

 

  • Childs Farm is registered under, and will process your personal data in accordance with, the Data Protection Act.

 

  • Any personal data that is provided to Childs Farm in the course of any transaction with you shall be processed in accordance with Childs Farm’s Privacy Policy .

 

  1. Delivery

 

  • The Product(s) will be delivered to the address provided when you placed your order and risk of damage to or loss of the Product(s) shall pass to you at the time of delivery to that address, even if the Product(s) have not been received by you in person.

 

  • Any times quoted for delivery are approximate only and Childs Farm shall not be liable for any delay in delivery of the Product(s) howsoever caused, although Childs Farm shall endeavor to deliver the Product(s) within 30 days. 

 

  1. Cancellation and Returns of Products

 

  • Childs Farm wants you to be totally satisfied with the Product(s) that it provides to you.  We set out below your rights in relation to returning the Product(s).

 

  • The address for returning Product(s) to us is Childs Farm Ltd, PO Box 1971, Andover, Hampshire, SP10 9GH

 

  • You change your mind.

 

If you wish to cancel your order and return the Product(s) to us, then unless the Product(s) fall within the list of excluded items set out below, you may do so at any point within 30 days from the day after receiving them subject to the below.

 

  • If you change your mind before you have received the Product(s), please email us at enquiries@childsfarm.com

 

  • Any Product(s) which you decide to return to us must be returned in the same condition that you received them and you must take all reasonable care of the Product(s) while they are in your possession.

 

  • Subject to the above, Childs Farm will refund the full purchase price of the returned Product(s) including (if you return the Products(s) within 7 days from the day after receiving them only) the standard first class delivery charges. If you requested additional services such as Next Day or Recorded Delivery the additional charges incurred by you for these services will not be refunded to you. 

 

  • You will be responsible for the cost of returning the Product(s) to us.

 

The above rights to cancel will not apply if your order is for:

 

  • products which are made to your specifications or otherwise personalised;

 

  • products which are liable to deteriorate rapidly; or

 

  • newspapers, periodicals or magazines.

 

 

  • The Products are defective.

 

In the unlikely event that you receive any Product(s) which were not what you ordered or which are damaged or defective, or are of a different quantity to that stated in your order, we shall:

 

  • make good any shortage or non-delivery;

 

  • replace or repair any damaged or defective Product(s) (provided that the damage or defect is not due to fair wear and tear, deliberate or accidental damage by you, failure to follow manufacturer instructions, misuse or alteration or repair of the goods by you); or

 

  • refund to you the amount you paid for the Product(s) in question (and applicable delivery charges),

 

provided that you notify us of the problem in writing at the address stated in the Dispatch Confirmation within fourteen days of delivery of the Product(s) and (unless we inform you that return is not necessary) return the Product(s) to us (in the same condition that you received them) within a further fourteen days. This provision does not affect your statutory rights.

 

  • Refunds will be paid to you as soon as possible (and in any event within 30 days from receipt of your cancellation and return of the Product(s)).  We will usually refund monies using the same method as payment was made by you. 

 

  1. Limitation of Liability

 

  • Childs Farm’s liability to you under the Contract for the Product(s) is limited to refunding the price of the Product(s) (including the delivery charges, if applicable) as provided for in Clause 7.

 

  • Childs Farm is not responsible to you to any greater extent and in particular is not liable to you for any indirect or consequential loss (including, without limitation, financial loss such as loss of profit, or otherwise) that you may incur as a consequence of its failure to comply with these Terms and Conditions.  For the avoidance of doubt, nothing in these Terms and Conditions shall however serve to exclude or limit Childs Farm’s liability in respect of death or personal injury caused by Childs Farm’s negligence or the negligence of its officers or employees.

 

 

  • Childs Farm will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by events outside our reasonable control (a so-called “Force Majeure Event”). Our performance under any Contract will deemed to be suspended for the period that the Force Majeure Event continues and we will have an extension of time for performance for the duration of that period.  We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

 

  1. Changes to these Terms and Conditions 

 

  • These Terms and Conditions may be changed by posting the amended version on the Site. Please review them regularly. If you continue to use the Site after a change has been made you are deemed to have accepted the change.

 

  1. Overseas Customers

 

  • As Childs Farm operates within the United Kingdom, all charges shown on the Site and given in the Dispatch Confirmation are in Pounds Sterling. If you are placing an order from outside of the UK, your card issuer may convert the price of the Product(s) into your local currency.

 

  • This Site and these Terms and Conditions have been designed for use within the UK. While Childs Farm will consider orders from outside the UK, Childs Farm gives no warranty, express or implied, that the Site or the placing of any order through the Site from outside the UK complies with any applicable non-UK laws or regulations. Accordingly, any sales or services not permitted under your local law are not offered to you. Furthermore, Childs Farm reserves the right to refuse any order at its discretion from overseas customers and it will have no obligation to provide you with any reasons for refusing an order.

 

  1. Law and Jurisdiction

 

  • These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales. Any disputes arising in relation to the Site, Product(s) or these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts of England and Wales.

 

  • If any of these Terms and Conditions should be determined to be illegal, invalid or otherwise unenforceable, it shall be deemed deleted and the remaining terms and conditions shall survive and continue to be binding and enforceable.

 

  1. Entire Agreement

 

  • The Contract formed under these Terms and Conditions supersedes all previous agreements or arrangements between you and Childs Farm in respect of the provision of the Product(s) and represents the entire understanding between you and Childs Farm in relation to the same. 

 

  • You and we each acknowledge that, in entering into a Contract, neither of us relies on any representation or warranty (whether made innocently or negligently) that is not set out in these Terms and Conditions.

 

  1. Comments and Complaints

 

  • If you have any comments or complaints to make about purchases made through the Site please send them to enquiries@childsfarm.com

 

This Site is operated by Childs Farm Ltd (Company No.  07454284 VAT number 110 452568) registered office address at The Old Bakehouse, Course Road, Ascot, Berkshire, SL5 7HL