STANDARD TERMS AND CONDITIONS FOR SALE OF GOODS
OF
Baby Necessities in Life
1 DEFINITIONS
In this document the following words shall have the following meanings:
1.1 "Buyer" means the person or organisation who buys Goods from the Seller;
1.2 "Goods" means the articles to be supplied to the Buyer from the Seller;
1.3 "Intellectual Property Rights" means all patents, registered and unregistered designs, copyright, trade marks, know-how and all other forms of intellectual property wherever in the world enforceable;
1.4 "List Price" means the list of prices of the Goods maintained by the Seller as amended from time to time;
1.5 "Seller" means Baby Necessities in Life of 29 Harold Road, Yorkley, Lydney, Gloucestershire, GL15 4SD
2 GENERAL
2.1 These Terms and Conditions shall apply to all contracts for the sale of Goods by the Seller to the Buyer to the exclusion of all other terms and conditions referred to, offered or relied on by the Buyer whether in negotiation or at any stage in the dealings between the parties, including any standard or printed terms tendered by the Buyer, unless the Buyer specifically states in writing, separately from such terms, that it wishes such terms to apply and this has been acknowledged by the Seller in writing.
2.2 Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Seller.
3 PRICE AND PAYMENT
3.1 The price shall be that in the Seller’s current List Price, or such other price as the parties may agree in writing. Carriage shall be paid for by the Buyer.
3.2 Payment of the price and any other applicable costs shall be due at the time of purchase
4 DESCRIPTION
Any description given or applied to the Goods is given by way of identification only and the use of such description shall not constitute a sale by description. For the avoidance of doubt, the Buyer acknowledges that they do not rely on any description when entering into the contract.
5 DELIVERY
5.1 Unless otherwise agreed in writing, delivery of the Goods shall take place at the address specified by the Buyer. The Seller will use reasonable endeavours to give an estimate of the date of the delivery which will always be the date on which the chosen carrier has undertaken to deliver the Goods. The Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
5.2 The date of delivery specified by the Seller is an estimate only. Time for delivery shall not be of the essence of the contract.
5.3 If the Seller is unable to deliver the Goods for reasons beyond its reasonable control, then the Seller shall be entitled to place the Goods in storage until such times as delivery may be effected and the Buyer shall be liable for any expense associated with such storage.
5.4 The Buyer shall be entitled to replacement Goods where the Goods have been damaged during transportation. The Buyer must notify the Seller of the damage within 24 hours of delivery and provide reasonable photographs and description of any damage.
6 RISK
Risk in the Goods shall pass to the Buyer at the moment the Goods are dispatched from the Seller. Where the Buyer chooses to collect the Goods, risk will pass when the Goods are handed over to Buyer or set aside for its collection, whichever happens first.
7 TITLE
Title in the Goods shall not pass to the Buyer until the Seller has been paid in full for the Goods.
8 WARRANTY
8.1 Where the Goods have been sold by the Seller and are found to be defective, the Seller shall repair, or in its sole discretion, replace defective Goods free of charge with 3 months from the date of delivery, subject to the following conditions:
8.1.1 the Buyer notifying the Seller in writing immediately upon the defect becoming apparent;
8.1.2 the defect being due to the faulty design, materials or workmanship.
8.2 Any Goods to be repaired, replaced or refunded shall be returned to the Seller at the Buyer’s expense, if so requested by the Seller.
8.3 The Seller shall be entitled in its absolute discretion to refund the price of the defective Goods in the event that such price has already been paid.
8.4 The Buyer is responsible for re-packaging any Goods the Buyer has agreed to be returned in an appropriate and sufficient manner for transportation via courier where Goods cannot be returned in person to the Seller.
8.5 The remedies contained in this Clause are without prejudice to the other Terms and Conditions herein, including, but without limitation, Clauses 10 and 11 below.
9 LIABILITY
9.1 No liability of any nature shall be incurred or accepted by the Seller in respect of any representation made by the Seller, or on its behalf, to the Buyer, or to any party acting on its behalf, prior to the making of this contract where such representations were made or given in relation to:
9.1.1 the correspondence of the Goods with any description;
9.1.2 the quality of the Goods; or
9.1.3 the fitness of the Goods for any purpose whatsoever.
9.2 No liability of any nature shall be accepted by the Seller to the Buyer in respect of any express term of this contract where such term relates in any way to:
9.2.1 the correspondence of the Goods with any description;
9.2.2 the quality of the Goods; or
9.2.3 the fitness of the Goods for any purpose whatsoever.
9.3 All implied terms, conditions or warranties as to the correspondence of the Goods to any description or the satisfactory quality of the Goods or the fitness of the Goods for any purpose whatsoever (whether made known to the Seller or not) are hereby excluded from the contract.
10 LIMITATION OF LIABILITY
10.1 Where any court or arbitrator determines that any part of Clause 10 above is, for whatever reason, unenforceable, the Seller shall be liable for all loss or damage suffered by the Buyer but in an amount not exceeding the contract price.
10.2 Nothing contained in these Terms and Conditions shall be construed so as to limit or exclude the liability of the Seller for death or personal injury as a result of the Seller’s negligence or that of its employees or agents.
11 INTELLECTUAL PROPERTY RIGHTS
All Intellectual Property Rights produced from or arising as a result of the performance of this Agreement shall, so far as not already vested, become the absolute property of the Seller, and the Buyer shall do all that is reasonably necessary to ensure that such rights vest in the Seller by the execution of appropriate instruments or the making of agreements with third parties.
12 COPYRIGHT
12.1 This website and its content is copyright of Baby Necessities in Life - © Baby Necessities in Life 2021. All rights reserved.
12.2 Any redistribution or reproduction of part or all of any photographs or the contents of the website or promotional or other materials in any form is prohibited other than the following:
• you may print or download to a local hard disk extracts for your personal and non-commercial use only
• you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material
12.3 You may not, except with the Seller’s express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.
13 FORCE MAJEURE
The Seller shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Seller shall be entitled to a reasonable extension of its obligations. If the delay persists for such time as the Seller considers unreasonable, it may, without liability on its part, terminate the contract.
14 RELATIONSHIP OF PARTIES
Nothing contained in these Terms and Conditions shall be construed as establishing or implying any partnership or joint venture between the parties and nothing in these Terms and Conditions shall be deemed to construe either of the parties as the agent of the other.
15 ASSIGNMENT AND SUB-CONTRACTING
The contract between the Buyer and Seller for the sale of Goods shall not be assigned or transferred, nor the performance of any obligation sub-contracted, in either case by the Buyer, without the prior written consent of the Seller.
16 WAIVER
The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions of this Agreement.
17 SEVERABILITY
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
18 GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.
