The terms and conditions set out here regulate the business relationship between you the buyer and us the company. When you buy from us you agree to be bound by them so it is important that you read and understand them.
a) The Company: shall mean Baby Basics (UK) Ltd trading as Baby Brands Direct
b) The Buyer: shall mean the person or company buying the goods
c) The Goods: shall mean the goods or products to be supplied to the buyer from the company under the contract between them
2) English Law
Every contract to which these conditions apply shall be construed in accordance with and governed in all respects by the laws of England and the Company and the buyer submit irrevocably to the jurisdiction of the English Courts.
3) New Account Terms
New accounts that have a retail premises or retail premises and supporting website are required to spend £200 (excluding VAT) on their first order. We currently do not supply on-line only businesses.
The contract is entered into when we accept your order by order e-mail confirmation and is subject to the company’s terms and conditions and any queries the company has with the buyer which will be notified within 24hrs of order placement.
The contract shall not be assigned by the buyer without prior written consent of the company
6) Delivery Date
Notwithstanding any specific date mentioned for delivery of the goods, time shall not be deemed to be of the essence of the contract in relation thereto.
7) Availability of Goods
Any quotation given by the Company shall not constitute an offer for sale or a representation that those goods are available for sale. Any goods not sent on 1st delivery will either remain on back order with money held on account or cancelled with a refund, depending on how long the balance of goods is expected in to us.
8) Price and Payment
a) All price quotations are calculated from costs applicable at the date of any such quotations. If there is any increase in such costs or typographical pricing error between the date of quotation and dispatch of an order the company will not send the order until the buyer has confirmed acceptance of the new or correct price or has cancelled the order.
b) The company will invoice all orders in £ Great British Pounds Sterling.
c) The company reserves the right to change its prices without prior notification.
d) VAT is added to products (and carriage where applicable) at check out. Export customers must specify and verify their trading VAT numbers for VAT exemption.
e) Our terms of sale require proforma payment and can be made at check out by credit card, pay pal or by brank transfer unless otherwise agreed in writing.
f) The buyer is responsible to pay all sums due to the company under these terms by the means specified without any set-off, deduction or counterclaim.
g) The buyer shall not be entitled to withhold payment of any amount payable under the contract to the Company because of any disputed claims of the buyer in respect of faulty goods or any other alleged breach of the contract, nor shall the buyer be entitled to set-off against any amount payable under the contract to the Company any monies which are not then presently payable by the Company or for which the Company disputes liability.
h) The company will exercise its statutory right to claim interest at 2% per month and compensation for debt recovery costs under the late payment legislation if payment is not made according to agreed terms measured from the due date of payment. This does not affect any other rights or remedies the company may have.
i) Discount codes cannot be used in conjunction with products on special offer or on sale. Special offers and sales are only applicable while stocks last. If we oversell special offer, sale or discount code stock we will offer you the product at full price or offer an immediate refund.
j) Refunds will be made via orginal method of payment. When original payment has been made throguh bank transfer or cheque a refund will be made via card deatils.
9) Shortages and Returns
Any shortages in delivery must be notified in writing within three days of receipt of goods with full details. Notification of non-delivery must be made within three days of dispatch (date of dispatch quoted on invoice/dispatch email) or incorrect items received. Customers are required to check stock on arrival for any faults or defects and notification of any faults or defects need to be confirmed in writing within three days of receipt of goods. Any damage to goods in transit must be advised in writing within 24 hours of goods arriving to ensure we can notify the transportation company within their time frame. No return of the company's goods will be accepted unless they have a genuine fault.
10) Cancellations and Returns
Customers who wish to cancel their order must contact the Company in writing. Any orders cancelled will be charged at 15% of the total value of the order. No cancellations will be accepted unless authorized by the company in writing. Customers who return deliveries without prior consent from the company will be charged a 15% re-stocking fee. We do not accept returns unless goods have a fault. No returns will be accepted without authorization from Baby Brands Direct.
11) Risk and Property
a) The risk of damage or loss of the goods shall pass to the buyer at the time of delivery, or if the buyer wrongfully fails to take the delivery of the goods or fails to provide adequate means of access for the delivery of the goods at the time when the company has tendered delivery of the goods or attempted to deliver the same.
b) Notwithstanding delivery and the passing of risk in the goods, or any other provision in these conditions, the property in the goods shall not pass to the buyer until the Company has received in cash or cleared funds payment in full of the price of the goods and all other sums due from the buyer to the company.
c) Until such time as the property in the goods passes the buyer, the buyer shall keep the goods separate from those of the buyer and third parties and properly stored, protected and insured and identified as the Company's property.
d) Until such time as the property in the goods passes to the buyer the Company shall be entitled at any time to require the buyer to deliver up the goods to the Company and, if the buyer fails to do so forthwith, to enter upon any premises of the buyer or any third party where the goods are stored and repossess the goods.
e) The buyer shall not be entitled to pledge or any way charge by way of security, for any indebtedness of any of the goods which remain the property of the Company, but if the buyer does so all monies owing by the buyer to the Company shall (without prejudice to any other right or remedy of the Company) forthwith become due and payable.
12) Force Majeure
The company shall not be held liable to the buyer for any loss resulting from failure to deliver the goods, or for any delay in delivering the goods, where such failure is wholly or mainly due to any cause outside the Company's reasonable control, including but not limited to shortages of material, strikes and lockouts, riots and civil commotion, severe weather conditions or acts of God.
13) Termination/Cancellation of Order in Part or Full
The Company shall be entitled, without prejudice to any claim or right the Company might otherwise have, to cancel the contract in whole or in part or to suspend deliveries there under if the buyer is in breach of any of the contract or becomes insolvent, or being a body corporate has a receiver or administrator appointed, or passes a resolution for winding up, or a court makes an order that effect, or being individual or partnership makes any composition or arrangement with his or their creditors, or has a receiving order made against him or them. We reserve the right to refuse all or part of any order at the company's discretion, subject to availability of products and price ruling at time of dispatch. If products listed on the site are over sold at the time of ordering due to high volume of sales we will dispatch goods on a first order basis and refund customers accordingly if their order could not be fulfilled at time of dispatch or advise if/when replacement stock will take longer than approximately 7 working days to arrive. If goods have been discontinued we will inform the customer accordingly and issue a refund. We advise customers to note our drop ship terms in full and note that we cannot guarantee full stock inventory at all times. We recommend customers only advertise for sale products they have in stock themselves so they do not disappoint their customer if at time of ordering we have oversold or the manufacturer has discontinued the product. We also advise customers to ensure they regularly update their stock data base to be in line with products we are advertising for sale so they are not selling products which are no longer available. We do aim to keep our long term out of stock product listings accurate, but customer should note that we do not always get advance notice from suppliers when an item is discontinued, is due to be discontinued or will be unavailable for a period of time.
14) Defects and Warranties
a) If the Company is not notified in writing of any defect within 3 days of delivery, the buyer shall be deemed to have examined and accepted the goods in good condition and free from any defects and supplied in accordance with all the specifications of the order.
b) The Company's liability for consequential loss shall not exceed the invoice value of the defective goods.
c) Subject as expressly provided in these conditions, and except where the goods are sold to a person dealing as a consumer, (within the meaning of the Unfair Contract Terms Act 1977), all warranties, conditions or other terms implied by statute or common law are excluded to the fullest permitted by law.
d) In the rare event of you encountering a fault with any item purchased from us please email a description of the fault along with images (when applicable) to email@example.com. Please always ensure you contact us prior to returning the item so we can advise what the policy is relating to that particular item. Manufacturer’s faulty returns policies vary, so we would need to advise you accordingly in the event of a fault. For cars seats and wheeled goods we advise the consumer should call the manufacturers careline number (which will be provided with the item) as they will be able to deal with any problems or faults relating to the item directly. For example, they may send out replacement parts directly which we do not hold. This is the most direct, quickest and most convenient way for the consumer to get a speedy resolution in most cases.
e) Please check individual products and brands for their warranties. Warranties start from delivery date. Some suppliers guarantees may apply in the UK only so any goods exported are at the buyers risk and must come back to the UK first before we can deal with any issue and we cannot reimburse carriage in such instances. Please also note that for electronic goods the manufacturers plug may not be suitable for the exported country which we cannot be responsible for and use of a plug convertor can damage some products so is not advised. For example, Angelcare warranties only apply in the UK as the product is set up to work on UK approved frequencies and so in some countries will not work. Please ask our sales department for more details if required.
f) When an item has been authorised by us for collection by a courier it must be packaged in a sealed box ready for collection and labels will be provided by the courier. Also note that any collection that fails due to the recipient not being home or the product being packaged insufficiently will result in the customer incurring recollection charges of £6.50 per box.
g) We strongly advise that furniture is not suitable for shipping overseas as it is likely to get damaged in transit. If damage does occur we will not cover any additional costs that may arise should we need to send out replacement parts to fix the damage which includes parts and carriage. If you are unable to agree to this we will of course issue a full refund for your order accordingly.
We do not charge carriage on orders over £200 delivered to a mainland UK address. Please refer to our Carriage Costs for charges and when they apply, i.e. outside the UK and drop ship orders. Carriage costs can vary depending on items ordered, number of boxes despatched, amount ordered and delivery destination. Please note Drop Ship carriage charges may differ, so please read our drop ship terms and carriage costs page for more details.
16) Delivery, Refusal of Delivery and Non Delivery
Goods should arrive within 24hrs of the company’s e-mail notification of goods leaving the company’s warehouse (please note: we do not deliver on the Weekend). If the buyer refuses to accept delivery or is not at the delivery address to accept delivery of the goods, the return carriage and/or storage of the goods will be at the expense and risk of the buyer without prejudice to any other rights of the Company under these conditions or otherwise. The customer will be required to pay for any re-delivery charges or if agreed with the company a 15% re-stocking fee.
17) Drop Ship Terms
Please refer to our drop ship terms here. We do not ship to BFPO addresses.
When providing a drop ship customer address, please ensure that the address supplied is full and correct. If goods are returned to us because the courier company could not make a delivery due to the address not being full and accurate, or because no-one is at home to sign for the goods, we will re-charge you shipping to attempt another delivery.
18) Selling on the Internet
The latest manufacturer's logos, SRPs, product images and descriptions must be used to represent their products. As a minimum the website must also show if a product is not physically in stock and where applicable indicate stock availability dates. Your website or trading activities should not be within a third party's website without specific prior identification and written approval from us or the manufacturer. We are unable to supply any form of internet only businesses.
19) Product Representation
We have made every effort to display the products as accurately as possible; however, customers should be aware that the pictures are a representation of the product and there may be small differences to the actual product, for example as the colours you will see will depend upon your monitor we cannot guarantee the colour will be accurate. We also aim to describe the product as accurately as possible, and should a product be misrepresented or the products should change we will endeavour to change the description as soon as possible. We do recommend the customers rely on the manufacturer's guideline or websites for descriptions. Although we allow retailers the function to copy the images from our website, we advise accordingly that any re-use would require permission from the manufacturer directly. Customers should be aware that the sizes of products are an approximate guideline and subject to slight differences by the manufacturer, however this should not affect the usage of the item.
20) Gift Baskets
Our gift baskets are bespoke made by hand in the UK. The items enclosed in the basket may differ slightly to those pictured/listed due to stock availability at time of order. However, items enclosed would be similar and of the same value or of a higher value.
21) Who We Can/Cannot Supply
a) Baby Brands Direct only supplies retailers who have their own shop premises or those who have a shop premises with an accompanying online store supplying end consumers.
b) We reserve the right to refuse sale to new and existing customers who cannot provide proof of a physical shop.
c) We do not supply market traders, party planners, car boot sellers, 3rd party auction site sellers or online only retailers.
d) We reserve the right to refuse sale to new and existing customers who trade within a 3rd party’s website without prior written consent or agreement from either us or the brand they are representing.
e) We also reserve the right to cease supply to any retailer or e-tailer who trades in a way which may reasonably affect the reputation or distribution rights of the brands we stock. In particular, those brands we have agreed specific terms for exclusive UK wholesale rights and are dependent upon ensuring equal trading terms set out by the manufacturer which include promotional activity and routes to market. A full list of brands we exclusively distribute can be found in our News Section.
f) The following brands are for sale to UK customers only: Obaby (including Tiny Tatty Teddy and Fisher-Price wheeled goods and matching accessories), KidsII (Bright Starts, Baby Einstein, Oball and Taggies), MAM, Beaba, Motorola and Angelcare. The re-sale of these products by our customers to consumers or businesses overseas is not advised and any such goods will not be covered by any manufacturer warranties or guarantees.
g) We reserve the right to cease or suspend trading with anyone who is in breach of our terms and conditions.
Voucher discount codes cannot be used in conjunction with discounted items or items on sale.
Terms and conditions are subject to change without prior notification. We advise all customers to regularly read our terms and conditions to keep up to date. By placing an order with us you have also confirmed that you have re-read our terms and conditions, drop ship terms and conditions and carriage costs to ensure you are up to date and informed.