Please Read these Conditions
Because we can accept your Order and make a legally enforceable agreement without further reference to you, it is important to you to read our Conditions carefully and to make sure that they contain everything which you want and nothing that you are not willing to agree to. If you are unsure about any of this, please, phone on 0330 2232848 or email us through the Contact Us page.
These terms and conditions apply only to the goods that can be purchased directly through our website and do not apply to our bespoke products.
The following words have these meanings throughout the Conditions:
means the terms and conditions set out in this document;
means an individual acting for purposes which are wholly or mainly outside his or her trade, business, craft or profession;
means the legally-binding agreement between you and us for the sale and purchase of the Goods and Services which incorporates these Conditions;
means the location where the Good are to be delivered and/or the Services are to be supplied, as set out in the Order, which must be only in England and Wales, Scotland and Northern Ireland (if you live outside these areas and would like to order from us then please contact us.
paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
any goods that we supply to you, of the number and description as set out in your Order;
means your order for the Goods or Services from us, as set out in your Order;
means those Goods that we personalise at your specific request.
We, Us or Our
means Kids Collective Retail Limited registered in England and Wales with company number 09535343 and whose registered office is 21 Clare Road, Halifax HX1 2HX (NO Returns to this address) with a trading name of Kiddy Moo and trading address of Kiddy Moo, Luddendenfoot, Halifax HX2 6BN. VAT registration number GB211944919. Telephone - 0330 2232848. Email - Through Contact Us page.
2 Application of these conditions and contract formation
2.1 When you place an Order to purchase Goods from us, you are just making a binding offer to purchase those Goods in accordance with these Conditions.
2.2 If you place and Order outside of the UK, you should pay particular attention to the information set out in Clause 18.
2.3 After you have placed an Order, we can email you an acknowledgement of receipt of your Order, but this does not mean that your Order has been accepted by us.
2.4 We can reject any Order if we wish for any reason, although we will try to tell you promptly the reason for our decision, which must be due to running out of stock or resources, a price or description mistake, inability to obtain your payment or other genuine fair reason.
2.5 If you submit an Order and we are unable to sell you the Goods due to lack of stock, or due to any mistake in price on our Website We will, at Our discretion, either cancel your Order and provide a full refund or try to contact you to ask whether you would like to continue with the Order at a correct price or at a later date (whichever is applicable).
2.6 If we advertise "offers" on Our Website, these are strictly subject to availability and only one "offer" per Order can be used. All offers can be withdrawn at any time and are subject to the terms of the specific promotion to which they refer. To take advantage of an offer you must quote the relevant promotion code at the checkout of your Order. No offer or promotion code can be used or relied upon after an Order has been submitted.
2.7 A Contract will be formed for the Goods you have ordered only on our written acceptance of your Order OR Our sending an email to you saying that your Order has been accepted.
2.8 We must give you a copy of the signed Contract or confirmation of it with all information contained in it either on paper or another Durable Medium which is legible, within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract.
2.9 No variation of the Contract, whether about description of the Goods, price or otherwise, can be made afterwards unless the variation is agreed by you and us in writing and signed by each of us or someone each of us has authorised to sign on our behalf.
2.10 We intend that these Conditions apply only to a Contract entered into by you as a Consumer. If this is not the case for you, you must tell us, so that we can provide you with a different contract terms which are more appropriate for you and which might, in some respects, be better for you, e.g. giving you rights as a business.
2.11 In making the Contract, we are acting only on our own behalf.
3 Materials and Description of Goods
3.1 The materials used for making the Goods are a natural product and occasionally you may get shrinkage and splitting which is a natural occurrence.
3.2 We take reasonable steps to display as accurately as possible the colours, shades, appearance and detailing of our timber Products and all Our other Products on the Website, CAD Design and in our catalogues and other media however, we cannot guarantee that the images will exactly reflect the colour, appearance or detailing of the physical Goods. The Goods may vary slightly from the images. To the extent permitted by your statutory rights, we accept no liability associated with such variation.
3.3 Some of our products are hand painted and finished and to the extent permitted by your statutory rights, we cannot guarantee uniformity in the end finish.
4.1 The charges and any additional delivery or other charges and any other costs for each of type of Goods, and the total price of them, will be as set out on Our Website at the time of your Order. If you are ordering from outside of the UK, please see Clause 18.
4.2 The charges include VAT at the rate applicable (currently 20%) at the time of your Order (if the rate of VAT increases before we accept your Order, we must only increase the price by the amount of that increase if we have your agreement, otherwise we must reject your Order and tell you that).
5.1 You must pay for the Goods at the time of submitting your Order.
5.2 Payments can be made by debit, credit cards and PayPal through our secure payment gateway provided by Sage Pay and PayPal.
6.1 We must deliver the Goods to the Delivery Location by the time or within the period which you and we have agreed or, failing any agreement without undue delay and, in any event, not more than 30 days after the day on which the Contract is made.
6.2 For Goods to be delivered in the UK We aim to deliver those Goods that can be sent by post or courier within 5 working days after we have confirmed your Order. You can choose to have the Goods delivered by Express Delivery. As the cost of postage varies depending on the size of the Goods, postage costs are shown at the checkout (before your Order is submitted).
6.3 For Goods to be delivered outside of the UK to locations not shown at the checkout We will inform you in our confirmation email of the approximate cost of delivery and the time-frame for delivery.
6.4 For large Goods (i.e. Play Centres, Furniture etc) that cannot by their very nature be sent by post or courier these will be delivered to you direct from the manufacturer of those Goods and delivery times can vary.
6.5 For large deliveries, the Goods will be delivered as close as possible to your front door however, if for whatever reason this is unreachable (for example if you live in a narrow street, or there are stairs at the Delivery Location) or there is any obstruction, delivery will be made as close as possible.
6.6 For large deliveries, the driver is not insured to take the Goods inside of your property and you should make arrangements for the Goods to be taken inside of your property.
6.7 In any case, regardless of events beyond our control, if we do not deliver the Goods on time we must, without delay and in any event within 14 days starting with the day we agree the refund is due for the Goods, give the refund without charge by the same means as you used to pay us.
6.8 In any case, regardless of events beyond our control, if we do not deliver the Goods on time, you can (in addition to any other of your remedies) treat the Contract at an end if:
6.8.1 we have refused to deliver the Goods, or if delivery on time is essential taking into account all the relevant circumstances at the time the Contract was made, or you told us before the Contract was made that delivery on time was essential; or
6.8.2 after we have failed to deliver on time, you have specified a later period which is appropriate to the circumstances and we have not delivered within that period.
6.9 If you treat the Contract at an end under condition 6.3, we must (in addition to any other of your remedies) promptly return all your payments made under the Contract.
6.10 If you were entitled to treat the Contract at an end under condition 6.3, but you do not do so, you are not prevented from cancelling your Order for any Goods or rejecting Goods that have been delivered and, if you do this, we must then without delay reimburse to you all your payments made under the Contract in respect of any such cancelled or rejected Goods. This is in addition to any other of your remedies.
6.11 If any of the Goods form a commercial unit (a unit is a commercial unit if division of the unit would materially impair the value of the goods or the character of the unit) you cannot under condition 6.5 reject or cancel your Order for some of those Goods without also rejecting or cancelling your Order for the rest of them.
6.12 These are examples of events which can be outside our reasonable control:
6.12.1 Where we have been unable to obtain the materials required to make the Goods;
6.12.2 we are unable to gain access to the Delivery Location at the times we have agreed with you.
6.12.3 we have attempted delivery a number of times to the delivery address specified on the order and are unable to delivery the Goods are returned to Us, We will charge £15.00.
6.13 It is important that you check the Goods you hare ordered that they are complete. If any orders are incomplete Or damaged you must notify us within 24 hours of the delivery.
6.14 Some of our products we will not be able to deliver to any address outside of the UK –please refer to Clause 18.5.
7 Risk and ownership
7.1 Risk of damage to, or loss of, the Goods will pass from us to you only on delivery of the Goods. You will need to consider whether to insure them against that risk after that time.
7.2 Ownership of the Goods will pass from us to you on delivery or on earlier payment for them once they have been specifically set aside by us for you OR payment in full for the Services.
7.3 While we still own any of the Goods, you:
7.3.1 must take reasonable care of them;
7.3.2 must hold those Goods as our property on our behalf;
7.3.3 have the right to use those Goods, but this right ceases automatically if any step occurs towards your bankruptcy; and
7.3.4 must not pawn, sell or dispose of those Goods or give someone any rights over them.
7.4 If any step is taken towards your bankruptcy or if you are overdue in making any payment, we can choose, by immediate notice to you to end any remaining right of yours to use the Goods still owned by us and suspend or cancel any delivery. In that case, you must return those Goods or allow us to collect them. The exercise of any of those choices will not cancel your obligation to pay the price for those Goods, provided that we must make a fair allowance to you for the value of any Goods which we have recovered.
7.5 Where goods are to be delivered outside of the UK, we will not be responsible for any additional charges made in respect of the import of the goods (such as import tax/duty or VAT). If the goods are seized by a government authority, delivery will be deemed to have taken place upon the goods seizure. Please see Clause 18.
8.1 We have a legal duty to supply the Goods in conformity with the Contract. We will not have conformed if we have not complied with condition 8.2.
8.2 Upon delivery the Goods will be:
8.2.1 be of satisfactory quality;
8.2.2 be reasonably fit for any particular purpose for which you are buying the Goods which, before the Contract is made, you made known to us (expressly or by implication) whether or not that is a purpose for which goods of that kind are usually supplied (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgement); and
8.2.3 conform to their description. For Personalised Goods made to Order based on your specifications or information that you have provided us, it is your responsibility to ensure that all of those details are accurate and we will have no liability for Personalised Goods made to Order that are wrong due to the information supplied by you.
9 Excluding liability
We do not exclude our liability for death or personal injury caused by our negligence or breach of our duties under the law, fraud or fraudulent misrepresentation. Subject to this, we are not liable for (i) loss which was not reasonably foreseeable to both you and us at the time when the Contract was made, or (ii) loss which relates to your business, trade, craft or profession to the extent that it would not be suffered by a buyer who is a Consumer. This is because we believe that you are not buying the Goods or Services wholly or mainly for the purposes of your business, trade, craft or profession.
10 Duration, termination and suspension
10.1 The Contract continues as long as it takes for us to deliver the Goods.
10.2 Either you or we may terminate the Contract at any time by a written notice of termination or suspension to the other if that other commits a serious breach, or series of breaches resulting in a serious breach, of the Contract and the breach either cannot be fixed or is not fixed within 14 days of the written notice.
10.3 On termination of the Contract for any reason, any remaining rights and liabilities of you and us will not be affected.
11 Successors and our sub-contractors
We can transfer the benefit of this Contract to someone else, and you remain liable to the other for your and our obligations under this Contract.
12 Governing law, jurisdiction, complaints and codes
12.1 This Contract will be governed by the law of England and Wales.
12.2 Disputes can be submitted to the jurisdiction of the courts of England and Wales or where you live in Scotland or Northern Ireland.
12.3 We will try to avoid any dispute and make sure you are happy but should you have any issues regarding the Goods or supplied then please call us on 0330 232848.
12.4 We are required by law to provide you with details of one of the approved-alternative dispute resolution schemes. Although we are not currently signed up to its services you can find details of Ombudsman Services at ombudsman-services.org.
The European online dispute resolution (ODR) platform can be accessed here: http://ec.europa.eu/consumers/odr/. This can be used for resolving disputes about products and services purchased online.
13.1 You can withdraw your Order by telling us of your decision to withdraw before the Contract is made, if you simply wish to change your mind and without giving us a reason, and without incurring any liability to us.
14. Cancellation of Goods
14.4.1 You have the right to cancel your Order for Goods (but not Personalised Goods as set out in clause 16 below) within 14 days without giving any reason.
14.4.2 The cancellation period will expire after 14 days from the day on which you acquire, or a third party, other than the carrier, indicated by you acquires physical possession of the Goods or the last of the Goods.
14.4.3 To exercise the right to cancel, you must inform Us of your decision to cancel this Contract by a clear statement setting out your decision (e.g. a letter sent by post, fax or email). You need not give us your cancellation notice in writing. You may use the cancellation / returns form that is available on our Returns page, but it is not obligatory. In any event you must be able to show clear evidence of when the cancellation was made, so it might be better for you to use the cancellation / returns form.
14.4.4 Upon receipt of any other clear statement of your decision to cancel the Contract we will communicate to you an acknowledgement of receipt of such a cancellation on a Durable Medium (eg by email) without delay and will provide you with an authorisation number. This number must be used when returning the Goods to us.
14.4.5 To meet the cancellation deadline, it is sufficient for you to send us your communication concerning your exercise of the right to cancel before the cancellation period has expired.
14.4.6 You cannot cancel the Contract and return the Goods if you have started to assemble or use the Goods.
15. Effects of cancellation of Goods
15.1 If you cancel this Contract for Goods, we will reimburse to you all payments received from you, excluding the costs of delivery.
15.2 We may make a deduction from the reimbursement for loss in value of any Goods supplied, if the loss is the result of unnecessary handling by you (i.e. handling the Goods beyond what is necessary to establish the nature, characteristics and functioning of the Goods: e.g. it goes beyond the sort of handling that might be reasonably allowed in a shop). This is because you are liable for that loss and, if that deduction is not made, you must pay us the amount of that loss.
15.3 Upon cancellation if we have not offered to collect the Goods, we will make the reimbursement without undue delay, and not later than:
· 14 days after the day we receive back from you any Goods supplied, or
· (if earlier) 14 days after the day you provide evidence that you have sent back the Goods.
This time can be longer if you have not returned the Goods stating the authorisation number that we provide you (please see clause 14.4.4) if you have not provided sufficient information for us to establish your details.
15.4 If we have offered to collect the Goods, we will make the reimbursement without undue delay, and not later than 14 days after the day on which we collect the Goods.
15.5 We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
15.6 If you have received Goods in connection with the Contract which you have cancelled pursuant to condition 14:
15.6.1 we will reasonably promptly collect large Goods at your expense but for Goods that we sent by post or normal courier you must send back the Goods at your expense without and in any event not later than 14 days from the day on which you communicate to us your cancellation of this Contract. The deadline is met if you send back the Goods before the period of 14 days has expired. We also advise when you are returning Goods back to us that you use a Signed For / Tracked Service as you are still responsible for the Goods.
15.6.2 For the avoidance of doubt, you agree you will have to bear the cost of returning the Goods (whether we collect the Goods or you deliver/return the Goods back to us).
15.7 If you cancel your order by the means of returning to sender We will charge £15.00.
16. Cancellation of Personalised Goods
16.1 Where you have submitted an Order for Personalised Goods, you have no right to Cancel that Order once it has been accepted by us.
17. Data protection and privacy
17.1 We can use your identity and other information about you which you give to us only to help us to comply with our duties under the law, to provide the Goods and handle your payment for them and, if you give us your prior consent, to tell you about our products and services, on condition that we stop as soon as you tell us in writing to stop. We promise to use reasonable care to keep that information confidential. You promise that the information that you give to us is true and, if it changes, you will tell us promptly. Please refer to our full privacy and cookies policy.
18. Additional terms if you are ordering outside of the UK or the goods are to be delivered outside of the UK.
18.1 The timing and the cost of delivering will be set out in the confirmation Email;
18.2 Goods only will be supplied (not services);
18.3 You are responsible for payment of any import tax, local duties etc. that may be payable upon delivery of the goods.
18.4 The goods will be deemed delivered if, for any reason, they are seized by any import or other government body due to the non-payment of import duties.
18.5 There will be some large and selected goods that we will not deliver outside of the UK.If a payment has been made for goods that we cannot deliver outside of the UK then we will provide you with a full refund of any money paid to us.
18.6 We don’t accept any returns for Goods shipped overseas. You will also be responsible for paying any duties or tax payable on the goods.
18.7 All payments need to be in £ GBP.
18.8 For Oversea orders to locations not listed on our Delivery page payment will need to be made by Bank Transfer, these details will be sent once you have agreed the shipping costs.
18.9 Risk of damage to, or loss of, the Goods will pass from us to you only when the Goods have been collected from Us by our courier. You will need to consider whether to insure them against that risk after that time.
19. Changes to terms and conditions
We may from time to time change our terms and conditions without any notice. It is advisable that you print off and keep a copy of these terms and conditions for your records.