This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the products and services (Products) listed on our website www.kinderroom.co.uk (our site) to you. Please read these terms and conditions carefully before ordering any Products from our site. You should understand that by ordering any of our Products, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
Please click on the button marked "Yes, I have read and accept Kinderroom’s terms and conditions" when you place your order. Please understand that if you refuse to accept these terms and conditions, you will not be able to order any Products from our site.
1. INFORMATION ABOUT US
1.1 www.kinderroom.co.uk is a site operated by Kinderroom Limited (we). We are registered in England and Wales under company number 6664984 and with our registered office at 31a Warwick Street, Leamington Spa, Warwickshire, CV32 5JX. Our VAT number is 979 4500 76.
2. YOUR LOCATION – SERVICED COUNTRIES
2.1 Kinderroom delivers its products to most postal areas in the UK. However please see the list of outlying postcodes and postal areas below where our standard delivery charges do not apply and a quotation will be provided.
2.2 Outlying postcodes and postal areas – by courier:
GY, HS, IM, IV, JE, KW, PA, ZE, Northern Ireland, Ireland, all other offshore islands e.g. Inner Hebrides. Some restrictions are also placed on the extent to which we accept orders from other countries outside the UK.
Outlying postcodes and postal areas – by personal delivery:
AB, DD, GY, HS, IM, IV, JE, KW, PA, PH, ZE, Northern Ireland, Ireland, all other offshore islands e.g. Inner Hebrides, Isle of Wight. Some restrictions are also placed on the extent to which we accept orders from other countries outside the UK.
2.3 We will notify you by email as soon as reasonably possible if we cannot make the supply to you.
3. YOUR STATUS
By placing an order through our site, you warrant that: (a) You are legally capable of entering into binding contracts; and (b) You are at least 18 years old.
4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
4.1 After placing an order, you will receive an e-mail from us acknowledging (the Acknowledgment notice) that we have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to us to buy a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail that confirms that your order has been accepted and placed (the Confirmation notice). The contract between us (Contract) will only be formed when we send you the Confirmation notice.
4.2 The Contract will relate only to those Products whose order we have confirmed in the Confirmation notice.
5. OUR STATUS
5.1 We may also provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking, that products you purchase from third party sellers through our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller.
6. CONSUMER RIGHTS
6.1 If you are contracting as a consumer, you may cancel a Contract at any time within seven working days, beginning on the day after you received the Products. In this case, you will receive a full refund of the price paid for the Products in accordance with our refunds policy (set out in clause 10).
6.2 To cancel a Contract, you must inform us in writing posted to our registered offices. You must also return the Product(s) to us immediately, in the same condition in which you received them and in their original packaging, and at your own cost and risk. You have a legal obligation to take reasonable care of the Products while they are in your possession. If you fail to comply with this obligation, we may have a right of action against you for compensation.
6.3 You will not have any right to cancel a Contract for the supply of any of the following Products:
(a) Products which have created or made in accordance to your requirements or specifications; and/or
(b) Products which have been personalised or adapted in accordance with your instructions or specifications; or
(c) Products which either you or we cannot install in your desired location due to limited or restricted access to the desired location or limited access to utilities necessary for the proper installation of the Product at the desired location (see the provisions of clause 7 below relating to Delivery).
6.4 Details of this statutory right, and an explanation of how to exercise it, are provided in the Acknowledgment and Confirmation notice. This provision does not affect your statutory rights.
7. AVAILABILITY AND DELIVERY
7.1 Your order will be fulfilled by the delivery date set out in the Confirmation notice or, if no delivery date is specified, then within a reasonable time of the date of the Confirmation notice, unless there are exceptional circumstances.
7.2 Subject to clause 6.3(c) we shall not be obliged to store or remove Products from your desired location in the event that either you or we cannot install the relevant Products for reasons not attributable to us.
7.3 Where we or our agents attend the delivery location and either the access or location is unsafe or obviously unsuitable then we reserve the right (at our sole discretion) to deliver the Products to a safe dry location with suitable access and in doing so we have complied with our obligations of delivery under this agreement.
7.4 Where such a location is unsafe or obviously unsuitable or not present and resulting in delivery failure our standard return charge of £100 will incur. This partially covers the cost of returning the Product and restocking and administration.
7.5 Where we or our agents have agreed to install the Products at a location specified by you then it is your responsibility to ensure that there is suitable access to make the delivery and installation and (if necessary) that there are suitable utilities to such location.
8. RISK AND TITLE
8.1 The Products will be at your risk from the time of delivery at your location.
8.2 Payment is taken in full when you place your order. Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges where applicable.
9. PRICE AND PAYMENT
9.1 The price of any Products will be as quoted on our site from time to time, except in cases of obvious error.
9.2 These prices include VAT but exclude delivery costs unless otherwise stated, which will be added to the total amount due as set out in our Delivery Guide.
9.3 Prices are liable to change at any time, but changes will not affect orders in respect of which we have already sent you a Confirmation notice.
9.4 Our site contains a large number of Products and it is always possible that, despite our best efforts, some of the Products listed on our site may be incorrectly priced. We will normally verify prices as part of our confirmation procedures so that, where a Product's correct price is less than our stated price, we will charge the lower amount when confirming the order to you. If a Product's correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before confirmation of your order, or reject your order and notify you of such rejection.
9.5 We are under no obligation to provide the Product to you at the incorrect (lower) price, even after we have sent you a Confirmation notice, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
9.6 Payment for all Products must be by credit or debit card or by cheque or by bank transfer. We accept payment with most credit and debit cards. Cheques should be made payable to Kinderroom Ltd.
10. OUR REFUNDS POLICY
10.1 When you return a Product to us:
(a) because you have cancelled the Contract between us within the seven-day cooling-off period (see clause 6.1 above), we will process the refund due to you as soon as possible and, in any case, within 30 days of the day you have given notice of your cancellation. In this case, we will refund the price of the Product in full if the Product is in its original packaging and fit for resale, excluding the cost of sending the item to you. You also will be responsible for the cost of returning the item to us.
(b) Where you have simply changed your mind there is a nominal £15 restocking and administration charge.
(c) We cannot accept a return of partially or fully assembled Products if you simply change your mind.
(d) for any other reason (for instance, because you have notified us in accordance with clause 20 that you do not agree to any change in these terms and conditions or in any of our policies, or because you claim that the Product is defective), we will examine the returned Product and will notify you of your refund via e-mail within a reasonable period of time. We will usually process the refund due to you as soon as possible and, in any case, within 30 days of the day we confirmed to you via e-mail that you were entitled to a refund for the defective Product. Products returned by you because of a defect will be refunded in full, including a refund of the delivery charges if you were charged for sending the item to you and the cost incurred by you in returning the item to us.
10.2 We will usually refund any money received from you using the same method originally used by you to pay for your purchase.
11. OUR LIABILITY
11.1 We warrant to you that any Product purchased from us through our site is of satisfactory quality and reasonably fit for all the purposes for which products of that kind are commonly supplied.
11.2 Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the purchase price of the Product you purchased.
11.3 This does not include or limit in any way our liability: (a) For death or personal injury caused by our negligence; (b) Under section 2(3) of the Consumer Protection Act 1987; (c) For fraud or fraudulent misrepresentation; or (d) For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
11.4 We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us, including but not limited to: (a) loss of income or revenue; (b) loss of business; (c) loss of profits or contracts; (d) loss of anticipated savings; (e) loss of data, or (f) waste of management or office time however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable; provided that this clause 11.4 shall not prevent claims for loss of or damage to your tangible property that fall within the terms of clause 11.1 or clause 11.2 or any other claims for direct financial loss that are not excluded by any of categories (a) to (g) inclusive of this clause 11.4.
11.5 Where you buy any Product from a third party seller through our site, the seller's individual liability will be set out in the seller's terms and conditions.
12. IMPORT DUTY
12.1 If you order Products 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.
13. WRITTEN COMMUNICATIONS
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
14. NOTICES
All notices given by you to us must be given to Kinderroom Limited at 
. We may give notice to you at either the e-mail or postal address you provide to us when placing an order, or in any of the ways specified in clause 13 above. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
15. TRANSFER OF RIGHTS AND OBLIGATIONS
15.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
15.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
15.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
16. EVENTS OUTSIDE OUR CONTROL
16.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
16.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: (a) Strikes, lock-outs or other industrial action; (b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war; (c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster; (d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport; (e) Impossibility of the use of public or private telecommunications networks; (f) The acts, decrees, legislation, regulations or restrictions of any government.
16.3 Our performance under any Contract is 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.
17. WAIVER
17.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
17.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
17.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 14 above.
18. SEVERABILITY
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
19. ENTIRE AGREEMENT
19.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
19.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
19.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these terms and conditions.
20. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
20.1 We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system's capabilities.
20.2 You will be subject to the policies and terms and conditions in force at the time that you order products from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Confirmation notice (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Products).
21. LAW AND JURISDICTION
Contracts for the purchase of Products through our site and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) will be governed by English law. Any dispute or claim arising out of or in connection with such Contracts or their formation (including non-contractual disputes or claims) shall be subject to the non-exclusive jurisdiction of the courts of England and Wales.
22. PRIVACY POLICY
You acknowledge and agree to be bound by the terms of our privacy policy, as set out in our Privacy Policy Guide.