Terms and Conditions
TERMS & CONDITIONS
1.1 STANDARD TERMS OF BUSINESS
These conditions do not affect your statutory rights
These terms and conditions are made between us, kidcruisers.co.uk (Us, We, Our) and you, the “Customer” in respect of purchases of goods made from any kidcruisers.co.uk website (the ‘Website’).
kidcruisers.co.uk We, Us means kidcruisers.co.uk.
Customer, You means the party to whom goods are being supplied as identified as the registered paulmartynfurniture.co.uk account holder placing any order or the principle card holder in the event of a non-account order.
By accessing or using our website and /or by placing any order(s) you agree to be legally bound by these Terms and Conditions. If you do not wish to be bound by these Terms and Conditions, you may not access or use our website, or place orders.
These rules relate to sales over the internet and by telephone for the web site.
The contract made by you on-line with us incorporates these Terms and Conditions, so we advise that you should not proceed with your purchase until you have read and agreed to these Terms and Conditions.
1.1.4 Purchase Orders For Goods
The display of products on our Website does not constitute an offer for sale or an invitation to trade. Each purchase order raised by Customer, whether electronically on the Website or otherwise, shall be deemed to incorporate these terms and conditions.
By placing an order any customer is making an offer and a contract will only be formed if that offer is accepted by us. Processing of payment via the website does not constitute acceptance.
It is the responsibity of the orderer to get authorization to use copyrighted or trademarked designs on logo products. Any licensing fees are the responsiblity of the orderer.
In relation to special order goods, bespoke items, goods held by us as consignment stocks and foodstuff items modified terms apply. When ordering such goods these terms and conditions shall be deemed incorporated. Once your order is accepted by us, you will be liable to pay the full quoted price of the goods whether you accept delivery or not. Items delivered are non-returnable and non-refundable.
In all other cases an order placed by Customer either on the completion of the purchase process set out in the Website pages or otherwise shall constitute an invitation to Us to trade.
By delivery to the premises stated on Customer’s purchase order, We offer to supply the goods to Customer. The offer is made subject to these terms and conditions. Acceptance of the goods by Customer shall be deemed acceptance of these terms and conditions. Goods are sold subject to availability and, in relation to certain specific goods, there are geographical restrictions.
We reserve the right to alter the specification of the goods without prior reference to you insofar as the performance of such goods is not materially altered and the cost is not increased.
If we do not supply goods to you for any reason we will refund any money already paid by tou for the goods. However we will not be responsible for compensating you for any other losses.
1.1.5 Prices and Payment
All prices are displayed in UK pounds sterling. Payment shall be made in UK pounds sterling only. In relation to credit sales, payment shall be due within 30 days from the date of invoice.
We reserve the right to charge interest on overdue amounts at the rate of 4% per annum above the base rate from time to time of Lloyds-TSB Bank plc. Interest to accrue from day to day from the date of invoice until actual payment is received by way of cleared funds. Dishonoured cheques issued by Customer shall incur an administration fee of £20 in addition to any bank charges paid by Us in relation to the returned cheque. In addition to the list price of goods, We reserve the right to make an extra charge for deliveries, the price of which will be shown at the point of ordering.
Delivery prices are for England and Wales only. Please contact us for quotes to other areas.
Risk in the goods shall pass to Customer on delivery. Title and ownership of the goods shall not pass until payment in full has been received by Us. Customer shall act as bailee of the goods for Us until ownership has passed and Customer shall store the goods so that they are readily identifiable as Our property. If payment is not made by the due date, We shall be entitled to enter Customers premises to recover any and all goods supplied by Us.
We reserve the right to refuse and/or to cancel an account and/or delivery at any time. In such circumstances, if the Customer has paid for relevant goods, a refund or credit note shall be issued less reasonable administration charges.
Prices for goods stated include VAT at the prevailing rate, unless otherwise indicated in the ordering process.
The prices displayed on the web site may be for on-line purchases and promotions only and may not be transferable to sales through any other means.
You must pay in full, by credit or debit card, at the time of the order. We reserve the right to obtain validation of your card, via Sagepay Secure e payment processing, before accepting your order.
No financial information is available or retained by our Company.
The delivery rate is automatically calculated and displayed when you enter when you enter your delivery address and postcode at the checkout stage. This is only applicable for England and Wales. Please contact us for quotes to other areas
Products may be sent from multiple locations and therefore may arrive separately.
Delivery dates are approximate (unless pre-booked with our nominated carriers). Delivery shall be deemed to take place on the date of the first attempt at delivery to the specified address.
If you order items with a delivery time of two weeks or more, we will contact you to discuss the timescale of the order and of the delivery.
Next day delivery can sometimes be arranged for certain items for an extra charge per product, as long as the order is placed before 10.00am. Please contact us for details
Any changes made to the content of the order will have an impact on the delivery date. If we will be unable to deliver goods on the original delivery date, a new delivery date will be given.
For small and lightweight deliveries, a parcel carrier may be used. They will not call to arrange delivery, but will leave a card if you are not at home. You will then need to contact them to arrange completion of the delivery or collection from their depot.
Many of our larger and heavier deliveries are subcontracted out via our nominated palletised carrier. You will receive a telephone call from the carrier to book a delivery that suits their pre-allocated delivery route.
It is your responsibility to advise the carrier or ourselves of any delivery restrictions that you may have, prior to the goods being despatched.
Palletised deliveries are usually made between 8.30AM and 5.30PM, Monday to Friday. If you require a delivery within a specific time frame, we may be able to upgrade the delivery service at an additional cost. We will not be liable for any loss or damage suffered through reasonable delay due to unforeseen circumstances and we cannot be accountable for late deliveries as a result of factors beyond our control, such as increased traffic during seasonal holidays.
You must provide a FULL delivery address, postcode and telephone numbers and your delivery address must be FULLY accessible from the public highway for a palletised carrier with a tail lift and pump truck. If the driver considers the access unsuitable, for whatever reason, he is within his rights to refuse to unload the pallet or alternatively, unload it as near as possible to the required destination, which may be at the side of the road. We are entitled to cancel your order and refund your payment, less the aborted delivery fee , for failed palletised deliveries or good uncollected from carriers or Royal Mail.
The allocated drop off point for your goods must be a flat , level surface, free from gravel, uneven paving, low hanging branches and slopes. Pallet trucks cannot deliver up or down inclines.
Palletised deliveries are made solely with a delivery driver. Some assistance may be required to help the driver off load. Carriers are not insured to enter customer property and all deliveries will be delivered to the boundary of the property only.
All goods must be signed for by an adult aged 18 years or over on delivery, if no adult is present at the address when the delivery is attempted the goods may be retained by the driver.Delivery is to the threshold of Customer’s premises, which shall be deemed to be Goods Inwards or in the absence of this the Main reception of the Customer at the specified delivery address.
Gift vouchers may be despatched via Royal Mail Recorded Delivery Service.
1.1.7 Claims and Returns
Customer must notify Us in writing within 3 weekdays of delivery of any discrepancy between goods supplied and noted on the enclosed delivery note, or of any damaged goods. Returns may only be made with prior written consent from Us. Returns for goods ordered in error must be notified to us within 10 weekdays of delivery.
Any costs incurred in returning items are payable by the customer. Bespoke and customer special orders cannot be returned.
Returned goods must be packed and secured in original packaging, and if palletised, be ready for the driver to collect. Returned goods must be in perfect condition. Returns which do not compy with this condition may not be returned.
Invoice queries must be raised in writing within 10 days of the date of invoice. Claims must be made through the Website.
1.1.8 Guarantees and Liabilities
Goods sold by Us are sold with guarantee that they will be free of defects in material or workmanship at delivery and, provided they are used in the proper way, for the relevant period from delivery as indicated at the point of ordering. We accept no liability for defects in goods resulting from Customer designs or requirements, or arising from wear and tear, willful damage, negligence or misuse.
Information on the Website may contain inaccuracies or typographical errors. Information, photographs and product specifications, including information relating to price and availability may be changed or updated without notice. No guarantee is given that the information accessible via the Website is accurate, complete or current. The Website may be unavailable from time to time. Nothing on the Website shall be construed as a condition, warranty or representation.
We shall not be liable to you for any failure or delay in performance of our contract, if it is due to an event beyond our reasonable control. Including , without limitation, acts of God, war, industrial dispute, fire,flood, tempest and national emergencies and if so delayed we shall be entitled to a reasonable extension time for performing such obligations.
Except as otherwise stated in these terms, Our entire liability in respect of a particular good that has passed into the ownership of Customer and the Customer’s remedies shall be limited to, at Our option and in accordance with Our returns policy from time to time, a credit note in respect of the amount paid by the Customer to Us for such goods; or the replacement or repair of the goods by Us.
Nothing in these terms shall limit or exclude liability for death or personal injury caused by negligence or for fraudulent misrepresentation, but except as otherwise stated in these terms and conditions, all conditions, warranties, terms and undertakings express or implied statutory or otherwise are hereby excluded to the fullest extent permitted by law.
We shall have no liability to the Customer for indirect or consequential loss.
A person who is not party to this agreement shall have no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement. This clause does not affect any right or remedy of any person which exists or is available otherwise than pursuant to that Act.
If any term or provision in this agreement shall in whole or in part be held to any extent to be illegal or unenforceable under any enactment or rule of law, that term or provision or part shall to that extent be deemed not to form part of this agreement and the enforceability of the remainder of this agreement shall not be affected.
1.1.9 Third Party Suppliers
From time to time Customer may ask Us to make available goods from third party suppliers so that Customer can place orders for these goods through the kidcruisers.co.uk Website. kidcruisers.co.uk is not the supplier of such goods and has no contractual relationship with Customer in relation to any supply. kidcruisers.co.uk accept no liability whatsoever in relation to such transactions, howsoever arising.
1.2.0 Governing Law and Jurisdiction
All sales and purchases via this site and the terms and provisions of any contract or arrangement in relation to such sales shall be governed by and shall be construed in accordance with English law and shall be subject the non-exclusive jurisdiction of the English Courts.
These terms and conditions are subject to change at any time without prior notice to you. Any such change shall not affect any orders between us at the time of such a change