Terms and Conditions
TERMS AND CONDITIONS FOR THE SALE OF GOODS ONLINE
We operate the website http://www.totsbots.com/. We are Tots Bots Limited, a company registered in Scotland under company number SC254962 and with our registered office at Unit 2, 259 Summerlee Street, Queenslie Industrial Estate, Glasgow, G33 4DB. Our main trading address is Unit 2, 259 Summerlee Street, Queenslie Industrial Estate, Glasgow, G33 4DB. Our VAT number is 774771978 In these Terms, when we refer to we, us, our etc, we are referring to Tots Bots Limited. When we refer to you, we are referring to you, the customer.
These Terms will apply to any contract between us for the sale of Products to you (Contract). Please read these Terms carefully, before ordering any Products from our site. Please note that as part of the order process, before placing an order you will be asked to accept these Terms. If you do not accept these Terms, you will not be able to order any Products from our site.
You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time as set out in clause 6. It is therefore important that you check the Terms each time that you place am order through our site.
These Terms, and any Contract between us, are only in the English language.
- Contacting us if you are a consumer
1.1 If you wish to contact us for any reason, including because you have any complaints or if you need advice on choosing or using the Products, give our customer service team a call on 0141 774 6437 or by e-mailing us at firstname.lastname@example.org.
1.2 Something has gone wrong? Missing parcel, popper falling off, you got a Poppet but you ordered a Cherub, then please tell us and we will do all we can to set it right by e-mailing us at email@example.com or give our customer service team a call on 0141 774 6437. We like it when ALL of our customers are happy.
1.3 If we have sent you the wrong Products, call us first and we will decide which return option is best. For larger parcels of 10 nappies or more it may be better to have the Products uplifted by our courier company.
1.4 Please see clause 7 below for information on how to exercise your legal right to cancel under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
1.5 If we have to contact you or give you notice in writing, we will do so by e-mail or by pre-paid post to the address you provide to us in your order.
- OUR PRODUCTS
2.1 The images of the Products on our site are for illustrative purposes only. Although we have made every effort to display the colours accurately, we cannot guarantee that your computer’s display of the colours accurately reflect the colour of the Products. The Products that you receive may differ very slightly from those images.
2.2 The packaging of the Products may vary from that shown on images on our site.
- HOW WE USE YOUR PERSONAL INFORMATION
- IF YOU ARE A CONSUMER
In order to place an order through our site, you must be (i) a consumer; and (ii) over the age of 18 years. If you wish to purchase any Products on behalf of a business, please contact us using the details provided above.
- HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
5.1 Our shopping pages will guide you through the steps you need to take to place an order with us. Our order process allows you to check and amend any errors before submitting your order to us. You will have the opportunity to identify and correct input errors before the order is placed so please take the time to read and check your order at each stage of the order process. Certain details about your order (including details of the Products, the total price inclusive of taxes and all delivery charges and other costs) will be displayed (by way of an order review screen) directly before your order is placed.
5.2 When you order any Products through the site, these Terms will apply to that order. As part of the order process you will be asked if you accept these Terms, so please read the Terms carefully before clicking on “I Accept”. If you do not accept the Terms, then you will not be able to order any Products through our site.
5.3 When you place an order through our site, you are offering to buy those Products from us. You should note that:-
5.3.1 we are not obliged to accept your order; and
5.3.2 no contract exists between us for those Products at this stage.
5.4 You should note that, when you click on ‘Place your order’, you will be placing your order and will be under an obligation to pay for the Products at the time the order is placed.
5.5 Once we have received your order you will receive a system generated confirmation e-mail. Please note that this does not mean that your order has been accepted. It simply means that you have received your order. Our acceptance of your order will take place as described in clause 5.7. If you are in urgent need of Products, give us a call on 0141 774 6437 and if we can dispatch sooner, we will.
5.6 If we are unable to supply you with Products, for example, because the Products are not in stock, are no longer available, or because of an error in the price on our site, we will inform you of this by telephone or e-mail and notify you of when we expect them to be available. We will not process your order and we will ask if you would prefer to wait until your whole order is ready before we dispatch or if you would like us to send what is in stock only. It is therefore really important that you give us full contact details (daytime telephone and e-mail are best). We will refund the full amount of your payment if you do not wish to order alternative Products from us or, in the case of a pricing error, order the Products at the correct price.
5.7 We will confirm our acceptance of your order by sending you an e-mail that confirms that the Products have been dispatched (Dispatch Confirmation). The Contract between us will only be formed when we send you the Dispatch Confirmation.
- OUR RIGHT TO VARY THESE TERMS
6.1 We may amend these Terms from time to time.
6.2 Every time you order Products from us, the Terms in force at the time of your order will apply to the Contract between you and us.
6.3 We may revise these Terms as they apply to your order from time to time to reflect changes in relevant laws and regulatory requirements. If we have to revise these Terms as they apply to your order, we will contact you to give you reasonable advance notice of the changes and let you know how to cancel the Contract if you are not happy with the changes. You may cancel either in respect of all the affected Products or just the Products you have yet to receive. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will arrange a full refund of the price you have paid, including any delivery charges.
- YOUR CONSUMER RIGHT OF RETURN AND REFUND
7.1 If you are a consumer, you have a legal right to cancel a Contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below in clause 7.3. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to receive or keep a Product, you can notify us of your decision to cancel the Contract and receive a refund. Advice about your legal right to cancel the Contract is available from your local Citizens’ Advice Bureau or Trading Standards office.
7.2 However, this cancellation right does not apply in certain circumstances, for instance, in respect of Products which are received are sealed for hygiene reasons, the right of cancellation won’t apply if the Products are unsealed. Alternatively, if we make Products to your specification, the right of cancellation won’t apply. If you are in any doubt whether something can be returned, you can contact us or you can seek advice from your local Citizens’ Advice Bureau or Trading Standards office.
7.3 Your legal right to cancel a Contract starts from the date of the Dispatch Confirmation (the date on which we e-mail you to confirm our acceptance of your order), which is when the Contract between us is formed. Your deadline for cancelling the Contract then depends on what you have ordered and how it is delivered, as set out in the table below:
|Your Contract||End of the cancellation period|
|Your Contract is for a single Product (which is not delivered in instalments on separate days).||The end date is the end of 14 days after the day on which you receive the Product.
|Your Contract is for either of the following:
one Product which is delivered in instalments on separate days.
multiple Products which are delivered on separate days.
|The end date is 14 days after the day on which you receive the last instalment of the Product or the last of the separate Products ordered.
|Your Contract is for the regular delivery of a Product over a set period.||The end date is 14 days after the day on which you receive the first delivery of the Products.
7.4 To cancel a Contract, you just need to let us know that you have decided to cancel. The easiest way to do this is to e-mail us at firstname.lastname@example.org or contact our Customer Services team by telephone on 0141 774 6347 or by post to Unit 2, 259 Summerlee Street, Queenslie Industrial Estate, Glasgow, G33 4DB. If you are e-mailing us or writing to us please include details of your order to help us to identify it. If you send us your cancellation notice by e-mail or by post, then your cancellation is effective from the date you send us the e-mail or post the letter to us. For example, you will have given us notice in time as long as you get your letter into the last post on the last day of the cancellation period or e-mail us before midnight on that day.
7.5 If you cancel your Contract we will:
7.5.1 refund you the price you paid for the Products. However, please note we are permitted by law to reduce your refund to reflect any reduction in the value of the Products, if this has been caused by your handling them in a way which would not be permitted in a shop. See our Returns page https://www.totsbots.com/help/returns-policy/ for information about what handling is acceptable, however, this will be considered on a case by case basis.
7.5.2 refund any delivery costs you have paid, although, as permitted by law, the maximum refund will be the costs of delivery by the least expensive delivery method we offer (provided that this is a common and generally acceptable method). For example, if we offer delivery of a Product within 3-5 days at one cost but you choose to have the Product delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.
7.5.3 make any refunds due to you as soon as possible and in any event within the deadlines indicated below:
(a) if you have received the Product and we have not offered to collect it from you: 14 days after the day on which we receive the Product back from you or, if earlier, the day on which you provide us with evidence that you have sent the Product back to us. We may withhold reimbursement until we have received the Products back or you have supplied evidence of having sent back the Products, whichever is the earlier. For information about how to return a Product to us, see clause 7.8;
(b) if you have not received the Product or you have received it and we have offered to collect it from you: 14 days after you inform us of your decision to cancel the Contract.
7.6 If you have returned the Products to us under this clause 7 because they are faulty or mis-described, we will refund the price of the Products in full, together with any applicable delivery charges, and any reasonable costs you incur in returning the item to us.
7.7 We will refund you on the credit card or debit card used by you to pay. If you used vouchers to pay for the Product we may refund you in vouchers, in any event, you will not incur any fees as a result of the reimbursement.
7.8 If a Product has been delivered to you before you decide to cancel your Contract:
7.8.1 then you must return it to us without undue delay and in any event not later than 14 days after the day on which you let us know that you wish to cancel the Contract. The deadline is met if you send back the Products before the period of 14 days has expired. You can either send it back or if we elect to have it picked up by carrier, hand it to our authorised carrier. Please see our Returns page https://www.totsbots.com/help/returns-policy/ for our returns address, and information about how to arrange a return. If we have offered to collect the Product from you, we will collect the Products from the address to which they were delivered. We will contact you to arrange a suitable time for collection;
7.8.2 unless the Product is faulty or not as described (in this case, see clause 7.6), you will be responsible for the cost of returning the Products to us. If the Product is one which cannot be returned by post, we estimate that if you use the carrier which delivered the Product to you, these costs should not exceed the sums we charged you for delivery. If we have offered to collect the Product from you, we will charge you the direct cost to us of collection;
7.9 Because you are a consumer, we are under a legal duty to supply Products that are in conformity with this Contract. As a consumer, you have legal rights in relation to Products that are faulty or not as described. These legal rights are not affected by your right of return and refund in this clause 7 or anything else in these Terms. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
8.1 Subject always to your right to cancel pursuant to clause 7.1, Products (other than bespoke Products) may be returned within the period of 28 calendar days from the date of delivery to you, provided that the Products are in original and acceptable re-saleable condition and are new, unused and unwashed. The Products must also be accompanied by proof of purchase so please keep your receipt and our despatch paperwork.
8.2 The Products should be returned to the following address: TotsBots Ltd, Unit 2, 259 Summerlee Street, Queenslie Industrial Estate, Glasgow, G33 4DB. We strongly recommend that you send the Products by Royal Mail Special Delivery (or an equivalent “signed for” delivery service) to ensure proof of delivery and insurance for the Products. We cannot be responsible for any Products which are lost in transit. Refunds will only be made to the card used to purchase the Products.
8.3 For details on how to return Products to us, please see our Customer Service page: www.totsbots.com/help/.
9.1 We deliver to UK mainland, Eire and other selected countries (please contact us at email@example.com for more information).
9.2 We will contact you with an estimated delivery date, which will be within 30 days after the date of the Dispatch Confirmation (the date on which we e-mail you to confirm our acceptance of your order). Occasionally our delivery to you may be affected by an Event Outside Our Control. See clause 15 for our responsibilities when this happens.
9.3 If no one is available at your address to take delivery, our courier will leave you a notification card, in which case, please the courier directly to rearrange delivery.
9.4 If you do not contact the courier to arrange re-delivery (within 5 working days) the Products will be returned to us. We will then contact you to arrange re-delivery, however, you will be liable to pay any additional delivery costs.
9.5 If a delivery attempt is unsuccessful as a result of refusal at the delivery address, we will contact you to arrange re-delivery and in most cases, we will charge a re-delivery fee to cover costs. It is your responsibility to ensure that any security gate personnel are aware of expected deliveries.
9.6 Delivery of an order shall be completed when we deliver the Products to the address you gave us and the Products will be your responsibility from that time.
9.7 You own the Products once we have received payment in full, including all applicable delivery charges.
9.8 On the rare occasion a parcel gets lost in transit, we will resend the item once it has been confirmed lost by the carrier. We may then pursue our loss with the carrier. We may require a letter from you stating non delivery of the Products to support our claim.
9.9 If we miss the 30 delivery deadline for any Products then you may cancel your Order straight away if any of the following apply:
9.9.1 we have refused to deliver the Products;
9.9.2 delivery within the delivery deadline was essential (taking into account all the relevant circumstances); or
9.9.3 you told us before we accepted your order that delivery within the delivery deadline was essential.
9.10 If you do not wish to cancel your order straight away, or do not have the right to do so under clause 9.9, you can give us a new deadline for delivery, which must be reasonable, and you can cancel your Order if we do not meet the new deadline.
9.11 If you do choose to cancel your Order for late delivery under clause 9.10 or clause 9.11, you can do so for just some of the Products or all of them, unless splitting them up would significantly reduce their value. If the Products have been delivered to you, you will have to return them to us or allow us to collect them, and we will pay the costs of this. After you cancel your Order we will refund any sums you have paid to us for the cancelled Products and their delivery.
- INTERNATIONAL DELIVERY
10.1 Unfortunately, we do not deliver to addresses other than those listed in clause 9.1 above through the order system on the site. If you live in the Highland & Islands, Channel Islands or Isle of Wight, please contact us at firstname.lastname@example.org.
10.2 If you live in a country where our Products are not readily available we can seek to arrange for international delivery. Please e-mail us for an indication of costs to email@example.com.
10.3 If you order Products for international delivery, your order may be subject to import duties and taxes which are applied when the delivery reaches that destination. Please note that we have no control over these charges and we cannot predict their amount.
10.4 You will be responsible for payment of any such import duties and taxes. Please contact your local customs office for further information before placing your order.
10.5 You are responsible for and must comply with all applicable laws and regulations of the country for which the Products are destined. We will not be liable or responsible if you break any such law.
- PRICE OF PRODUCTS AND DELIVERY CHARGES
11.1 The prices of the Products will be as quoted on our site at the time you submit your order. We take all reasonable care to ensure that the prices of Products are correct at the time when the relevant information was entered onto the system. However please see clause 11.5 for what happens if we discover an error in the price of Product(s) you ordered.
11.2 Save in the case of pricing errors (see clause 11.5 below) prices for our Products may change from time to time, but changes will not affect any order you have already placed.
11.3 The price of a Product includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
11.4 The price of a Product does not include delivery charges. Our delivery charges are as advised to you during the check-out process, before you confirm your order. To check relevant delivery charges, please refer to our Delivery Charges page http://www.totsbots.com/help/order-confirmation-postal-charges-delivery-information/.
11.5 Our site contains a large number of Products. It is always possible that, despite our reasonable efforts, some of the Products on our site may be incorrectly priced. We will normally check prices as part of our dispatch procedures so that:
11.5.1 where the Product’s correct price is less than the price stated on our site, we will charge the lower amount when dispatching the Products to you. However, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to provide the Products to you at the incorrect (lower) price; and
11.5.2 if the Product’s correct price is higher than the price stated on our site, we will contact you in writing as soon as possible to inform you of this error and we will give you the option of continuing to purchase the Product at the correct price or cancelling your order. We will not process your order until we have your instructions. If we are unable to contact you using the contact details you provided during the order process, we will treat the order as cancelled and notify you in writing.
- HOW TO PAY
12.1 You must pay for the Products at the time of submitting your order. As stated at clause 5.4 above, by placing your order you will be under an obligation to pay for the Products at that time
12.2 You can pay for Products using a debit card or credit card. All of our transactions are securely processed via PayPoint.net. When you checkout you will be redirected to their payment screens. We accept the following cards: Visa, Mastercard, Visa Debit, Maestro, Switch.
12.3 We are also able to offer the option to pay for the Products with PayPal. To use PayPal, just select the option when you checkout and you will be directed to the PayPal system.
12.4 Payment for the Products and all applicable delivery charges is in advance. We will not charge your debit card or credit card until we dispatch your order.
12.5 We offer a Payment Plan to enable you to stagger the payments you are making to us. For the terms and conditions of the Payment Plan, please see http://www.totsbots.com/payment-plan.
- OUR guarantee FOR THE PRODUCTS
13.1 All Products are covered by our 12 month guarantee which cover fabric faults (i.e. an unexpected deterioration in the product that will shorten the lifespan or performance of the product) and workmanship for a period of 12 months from delivery and that the Products shall be free from material defects. However, this guarantee does not apply in the circumstances described in clause 13.2. Please note that this guarantee does not apply to Preloved Items but your legal rights and rights as a consumer are not affected in relation to Products that are faulty or not as described or in relation to quality of Products and their fitness for purpose. If you are in any doubt, you can obtain advice about your legal rights from your local Citizens’ Advice Bureau or Trading Standards office.
13.2 The guarantee in clause 13.1 does not apply to any defect in the Products arising from:
13.2.1 fair wear and tear (e.g. the nappies are there to catch waste and over time they may become stained, this is to be accepted and is not a fault);
13.2.2 wilful damage, abnormal storage or working conditions, accident, negligence by you or by any third party;
13.2.3 if you fail to operate or use the Products in accordance with the user instructions (including our Do’s and Don’ts at http://www.totsbots.com/cloth-nappies/care/);
13.2.4 any alteration or repair by you or by a third party who is not one of our authorised repairers;
13.2.5 any specification provided by you; or
13.2.6 damage to the Product by excessive laundering, for example; using harsh stain removers, boil washing, continually tumble drying, adding vinegar or sodium bicarbonate to the wash. Excessive laundering can destroy elastic, destroy the water repellancy, make the fabric go bald, reduce the performance of your nappies, drastically reduce the lifespan and will render your guarantee void.
13.3 For Products that we conclude to be faulty, we will:
13.3.2 repair; or
13.3.3 replace the Products.
13.4 If you discover a fault with your nappies within the guarantee period, please contact us before sending any Products back to us. Where you are able to, please send a photo of the fault first to firstname.lastname@example.org as this may save you having to return items to us. If we agree that the nappies are faulty and within guarantee we will give you a Return Goods Authorisation (RGA) code. When sending Products back to us please quote this RGA code and detail your full contact details, details of the fault and your invoice. In the first instance, the Products will be repaired or replaced wherever possible and refunds will only be given if replacement stock is not available or a repair is not applicable.
13.5 If you are a consumer, this guarantee is in addition to, and does not affect, your legal rights in relation to Products that are faulty or not as described. Advice about your legal rights is available from your local Citizens’ Advice Bureau or Trading Standards office.
- OUR LIABILITY
14.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time we entered into this contract.
14.2 We only supply the Products for domestic and private use. You agree not to use the product for any commercial, business or resale purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14.3 We do not in any way exclude or limit our liability for:
14.3.1 death or personal injury caused by our negligence;
14.3.2 fraud or fraudulent misrepresentation;
14.3.3 any breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession);
14.3.4 any breach of the terms implied by section 13 to 15 of the Sale of Goods Act 1979 (description, satisfactory quality, fitness for purpose and samples); and
14.3.5 defective products under the Consumer Protection Act 1987.
- EVENTS OUTSIDE OUR CONTROL
15.1 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 an Event Outside Our Control. An Event Outside Our Control is defined below in clause 15.2.
15.2 An Event Outside Our Control means any act or event beyond our reasonable control[, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
15.3 If an Event Outside Our Control takes place that affects the performance of our obligations under a Contract:
15.3.1 we will contact you as soon as reasonably possible to notify you; and
15.3.2 our obligations under a Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects our delivery of Products to you, we will arrange a new delivery date with you after the Event Outside Our Control is over.
15.4 You may cancel a Contract affected by an Event Outside Our Control which has continued for more than 30 days. To cancel please contact us. If you opt to cancel, you will have to return (at our cost) any relevant Products you have already received and we will refund the price you have paid, including any delivery charges.
- COMMUNICATIONS BETWEEN US
16.1 When we refer, in these Terms, to “in writing”, this will include e-mail.
16.2 You may contact us as described in clause 1.
- OTHER IMPORTANT TERMS
17.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you in writing or by posting on this webpage if this happens.
17.2 You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. However if you are a consumer and you have purchased a Product as a gift, you may transfer the benefit of our guarantee in clause 14 to the recipient of the gift without needing to ask our consent.
17.3 Subject to clause 17.2, this Contract is between you and us. No other person shall have any rights to enforce any of its terms. However, if you are a consumer, the recipient of your gift of a Product will have the benefit of our guarantee at clause 13, but we and you will not need their consent to cancel or make any changes to these Terms.
17.4 Each of the clauses and paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
17.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
17.6 Please note that these Terms are governed by Scots law. This means a Contract for the purchase of Products through our site and any dispute or claim arising out of or in connection with it will be governed by Scots law. You and we both agree to that the courts of Scotland will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of England and Wales, you may also bring proceedings in England and Wales.
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