1. General Terms
- 1.1 These terms of sale apply to all goods supplied by Kidz in Focus - Part of Kidz in Sport Ltd.
- 1.2 No contract exists between you and the Supplier for the sale of any goods until the Supplier has received and accepted your order.
- 1.3 We do have the right to terminate the contract in the event that the goods are unavailable, mispriced or cleared funds are not received.
- 1.4 The contract is subject to your right of cancellation (see below).
- 1.5 The Supplier may change these terms of sale without notice to you in relation to future sales.
2. Description and price of the goods
- 2.1 The description and price of the goods you order will be as shown on the Suppliers price list and on the website at the time you place your order.
- 2.2 The goods are subject to availability. If on receipt of your order the goods you have ordered are not available from stock we will not accept your order, we may terminate the contract and refund or re-credit you for any sum that has been paid by you or debited from your credit card for the goods.
- 2.3 Every effort is made to ensure that prices shown on the Suppliers website are accurate at the time you place your order. If an error is found with your order, the Supplier will inform you as soon as possible and offer you the option of reconfirming your order at the correct price, or cancelling your order.
- 3.1 Payment for the goods and delivery charges can be made by any method shown on the Suppliers price list at the time you place your order. Payment shall be due before delivery and payment shall be a fundamental term of this agreement, breach of which shall entitle the Supplier to terminate the contract immediately.
- 3.2 There will be no delivery until cleared funds are received.
- 3.3 Payments shall be made by you without any deduction whatsoever unless you have a valid court order requiring an amount equal to such deduction to be paid by the Supplier to you.
- 4.1 The goods you order will be delivered to the address you give when you place your order, except that some deliveries are not made outside the United Kingdom.
- 4.2 Orders placed on a working day will normally be processed that day and will be delivered as per the requested delivery option provided no additional security checks are required and all stock items are available. (A working day is any day other than weekends and bank or other public holidays.)
- 4.3 If delivery cannot be made to your address, you may be liable for a charge for a second attempt.
- 4.4 If you deliberately fail to take delivery of the goods (otherwise than by reason of circumstances under control of the Supplier) then without prejudice to any other right or remedy available to the Supplier, the Supplier may:
- 4.4.1 store the goods until actual delivery and charge you for reasonable costs (including insurance) of storage; or
- 4.4.2 sell the goods at the best readily obtainable price and (after deducting all reasonable storage and selling expenses) account to you for any excess over the price you agreed to pay for the goods or charge you for any shortfall below the price you agreed to pay for the goods.
- 4.5 If you fail to take delivery because you have cancelled your contract under the Distance Selling Regulations the Supplier shall refund or re-credit you within 30 days for any sum that has been paid by you or debited from your credit card for the goods. On exercising your right to cancel you shall be required to return the goods to the Supplier at your COST. Should you fail to return the goods, the Supplier reserves the right to deduct any direct costs incurred by the Supplier in retrieving the goods as a result of such failure.
- 4.6 Every effort will be made to deliver the goods in the time frame as stated on the price list. However, the Supplier will not be liable for any loss or damage suffered by you through reasonable or unavoidable delay in delivery. In this case, the Supplier will inform you as soon as possible.
- 5.1 The goods are at your risk from the time of delivery.
- 5.2 Ownership of the goods shall not pass to you until the Supplier has received in full (cleared funds) all sums due to it in respect of:
- 5.2.1 the goods, and
- 5.2.2 all other sums which are or which become due to the Supplier from you on any account.
- 5.3 The Supplier shall be entitled to recover payment for the goods even though ownership of any of the goods has not passed from the Supplier.
6. Your Right of Cancellation
- 6.1 You have the right to cancel the contract at any time up to 14 days after you receive the goods (see below). Please note that this policy has some limitations and does not apply to business.
- 6.2 To exercise your right of cancellation, you must give written notice to the Supplier by post, giving details of the goods ordered and (where appropriate) their delivery. Notification by phone is not sufficient.
- 6.3 Except in the case of faulty or miss-described goods, if you exercise your right of cancellation after the goods have been delivered to you, you will be responsible for returning the goods to the Supplier at your own cost. The goods must be returned to the address shown within the Returns section of the website. You must take reasonable care to ensure the goods are not damaged in the meantime or in transit. In the case of faulty or miss-described goods we shall, after receiving notification in accordance with clause 8.3 or 8.4, ask you to return the goods yourself and possibly refund you the reasonable postage costs.
- 6.4 Once you have notified the Supplier that you are cancelling the contract, the Supplier will refund or re-credit you within 30 days for any sum that has been paid by you.
- 6.5 Except in the case of faulty or miss-described goods, if you do not return the goods as required, the Supplier may charge you a sum not exceeding the direct costs of recovering the goods.
- 6.6 You do not have the right to cancel the contract if the order is for consumable goods which, by their nature, cannot be returned, save where a fault is discovered which could not have been discovered otherwise than by unsealing the goods.
Goods listed carry a 30 day Warranty. If purchasing for somebody else the Warranty stays with the Original Purchaser, in the unlikely event of a Warranty Claim the Original Purchaser will need to at there own COST contact/return the item to the Supplier.(this does not affect your statutory rights).
- 7.1 All goods supplied by the Supplier are warranted free from defects for 12 months from the date of supply. This warranty does not affect your statutory rights as a consumer.
- 7.2 This warranty does not apply to any defect in the goods arising from fair wear and tear, wilful damage, accident, negligence by you or any third party, use otherwise than as recommended by the Supplier, failure to follow the Suppliers instructions, or any alteration or repair carried out without the Suppliers approval.
- 7.3 If the goods supplied to you are damaged on delivery, you should notify the Supplier in writing within 7 working days.
- 7.4 If the goods supplied to you develop a defect while under warranty or you have any other complaint about the goods, you should notify the Supplier in writing, as soon as possible, but in any event within 14 days of the date you discovered or ought to have discovered the damage, defect or complaint.
8. Limitation of Liability
- 8.1 Subject to 9.2 below, if you are a consumer the Supplier shall not be liable to you for any loss or damage in circumstances where:
- 8.1.1 there is no breach of a legal duty owed to you by the Supplier or by its employees or agents;
- 8.1.2 such loss or damage is not a reasonably foreseeable result of any such breach;
- 8.1.3 any increase in loss or damage resulting from breach by you of any term of this contract.
10. Data Protection
The Supplier will take all reasonable precautions to keep the details of your order and payment method secure but unless the Supplier is negligent, the Supplier will not be liable for unauthorized access to information supplied by you. The payment process will be handled by a 3rd party for Security Purposes, this protects both you and us from Fraudulent transactions as we do not record any financial information about your transaction, all we record is the item purchased and at what price you have paid, how it was paid and to what address details it is to be sent to.
We Guarantee that we will never pass your details on to a 3rd party, unless forced to do so by a court order in this instance we will inform you in writing about the reasons for this. Full details of our GDPR policy.
Product images are for illustrative purposes only and may differ from the actual product. These terms of sale and the supply of the goods will be subject to English law and the English courts will have jurisdiction in respect of any dispute arising from the contract, consumers resident in Scotland shall have the right to insist upon these terms being construed in accordance with the laws of Scotland and to submit to the jurisdiction of Scottish courts.