FIND A CLASS SHOP MENU Terms & Conditions waterbabies.co.uk Terms of Use LEGAL NOTICE The terms and conditions set out below (the “Terms of Use”) apply to the entire contents of this website under the domain name “waterbabies.co.uk” (the “Website”) and to any e mail correspondence between us and you (“you”, the “user”). Please read these Terms of Use carefully before you start to use the Website. By using our Website you are confirming that you accept the Terms of Use and agree to abide by them. If you do not accept the Terms of Use, please leave the Website immediately. 1. About us The Website is operated by Water Babies Limited, a company registered in England and Wales, whose registered office is at Water Babies Group Limited, C/o 15 Ferndale Close, Honiton, Devon EX14 2YN . Our company registration number is 04322357. Our VAT registration number is 191 5510 14. Our contact details are as follows: Address: Water Babies 15 Ferndale Close Honiton Devon EX14 2YN General email: info@waterbabies.co.uk Telephone number: 0330 223 6777 2. Access and information about you 2.1 Access to this Website is provided on a temporary basis and we reserve the right to withdraw or amend the whole or any part of the Website at any time without notice and without incurring any liability. From time to time we may restrict access to some parts or all of the Website to all users. 2.2 You are responsible for making all arrangements necessary for you to have access to our Website. 2.3 Any use of this Website or any materials provided on it other than in accordance with these Terms of Use is prohibited. If you breach these Terms of Use, your permission to use the Website terminates automatically and you must immediately destroy any downloaded or printed extracts from the Website. 2.4 Please see our Privacy Policy for details about what information we collect and how we will use and protect it. By using the Website you consent to such information processing and warrant that all data provided by you is accurate. 3. Registration 3.1 You will be able to access most areas of this Website without registering your details with us. You may however be offered the opportunity to subscribe and/or register to receive additional restricted access to the Website or information. We are not under any obligation to accept a request for registration or subscription and reserve the right to suspend or cancel your registration or terminate access at any time for any reason e.g. if your continued use is believed to prejudice us or other users, or if you breach these Terms of Use. 3.2 To register on the Website you must be over eighteen years of age. 3.3 Each registration is for a single user only. We do not permit you to share your user name and password with any other person or with multiple users on a network. Responsibility for the security of any passwords issued rests with you and if you know or suspect that someone else knows your password, you should contact us immediately. 3.4 If you subscribe to any e mail services (such as newsletters) your use of the content received through the e mail service will be subject to these Terms of Use. 4. Transactions with us 4.1 Unless otherwise stated, orders of goods placed through the Website are subject to the Webshop Terms and Conditions and you should read them carefully. 4.2 Lessons are provided subject to the Lesson Terms and Conditions which should also be read carefully. 5. Ownership of materials and licence terms 5.1 We are the owner or licensee of all intellectual property rights in the Website and in the material published on it. Those works are protected by laws and treaties around the world. All such rights are reserved. 5.2 Subject to 5.3, you are permitted to download and print materials from this Website for your personal use on the following basis: (a) no material is modified in any way; (b) no graphics are used separately from any accompanying text; (c) our copyright, trade mark or other proprietary notices are not removed and appear in all copies; (d) materials or the Website itself are not used for commercial purposes without our prior written consent; (e) you do not do anything which may interfere with or disrupt the Website or our services. 5.3 No photographs in the Website may be reproduced for any purpose without our prior permission which must be obtained in writing. 5.4 Subject to clause 5.2, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written consent. 6. Visitor material and conduct 6.1 Other than information covered by the Privacy Notice, any material you send, contribute or post to this Website will be considered non-confidential and non-proprietary. We shall have no obligations with respect to such material. We shall be entitled to copy, adapt, disclose, distribute, publish, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial and non-commercial purposes. You warrant that you have obtained all necessary licences and/approvals in order to allow us such use. 6.2 You are prohibited from sending, contributing or posting to or from or via this Website any material: (a) which is unlawful, harmful, threatening, defamatory, libellous, obscene, indecent, offensive, pornographic, abusive, harassing or racially or ethnically offensive, in breach of confidence or in breach of privacy; (b) which discriminates based on race, gender, colour, religious belief, sexual orientation or disability; (c) for which you have not obtained all necessary licences and/or approvals; (d) which infringes the intellectual property rights or other rights of any third party; (e) which constitutes or promotes illegal activity or gives rise to civil liability; or (f) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data). 6.3 You must not misuse the Website or attempt to gain unauthorised access to it, the server on which the Website is stored or any server, computer or database connected to our Website. 6.4 You access the Website and download material from it at your own risk and we will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, programs, data or otherwise. 7. Links to and from other websites 7.1 Where the Website contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk. Links to third party websites are provided solely for your convenience. If you use these links, you acknowledge that you are leaving this Website. 7.2 If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions: (a) you do so in a way that is fair and legal and does not damage our reputation or take advantage of it; (b) you do not remove, distort or otherwise alter the size or appearance of any Water Babies brand, trade mark or logo; (c) you do not create a frame or any other browser or border environment around this Website; (d) you do not in any way imply or suggest any form of association, approval or endorsement on our part where none exists; (e) you do not misrepresent your relationship with us or present any other false information about us; and (f) you do not otherwise use any Water Babies brand, trade mark or logo without our prior written consent. 7.3 We expressly reserve the right to withdraw linking permission without notice. 8. Accuracy of information 8.1 We take care to ensure that the information on the Website is accurate and up to date. However, it may occasionally be inaccurate or out of date. We have no liability for any inaccurate information and reserve the right to correct it at any time. 8.2 The Website and all material available on it is provided “as is”, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, the Website is provided to you on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which, but for these Terms of Use, might have effect in relation to the Website. 9. Liability 9.1 We, any other party (whether or not involved in creating, producing, maintaining or delivering the Website), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with: the Website; the use, inability to use or the results of use of the Website; and any websites linked to the Website or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software or data or other property on account of your access to, use of, or browsing the Website or your downloading of any material from the Website or any websites linked to the Website. Nothing in these Terms of Use shall exclude or limit our liability for: death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); or fraud; or misrepresentation as to a fundamental matter; or any liability which cannot be excluded or limited under applicable law. 10. Applicable law and jurisdiction 10.1 The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to the Website or any aspect relating to use of your data under the Privacy Policy although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country. 10.2 These Terms of Use and the Privacy Policy and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with English law. 11. Variation 11.1 We reserve the right to change these Terms of Use at any time. The new version will be posted on the Website and will take effect immediately upon posting. If you use the Website after the new Terms of Use have come into effect any further use of the Website indicates your agreement to be bound by the new Terms of Use. Some of the provisions contained in these Terms of Use may also be superseded by provisions or notices published elsewhere on the Website. eCommerce terms and conditions 1. Placing an order 1.1 You are deemed to place an order with us by ordering via our online checkout process. As part of our checkout process you will be given the opportunity to check your order and to correct any errors. We will send you an order acknowledgement, detailing the products you have ordered. 1.2 We may refuse to accept an order: (a) where goods are not available; (b) where we cannot obtain authorisation for your payment; or (c) if there has been a pricing or product description error. 2. Promotional codes 2.1 Only one promotional code can be redeemed per order. 2.2 The addition of the promotional code will automatically add the free product to your basket or apply a discount depending on the offer. 2.3 Please ensure you check your total to ensure you are happy with your basket before completing your purchase. 2.4 Water Babies Ltd cannot amend any promotional orders once they have been processed. 2.5 The Offer is subject to availability and may be withdrawn or amended without notice. The Offer has no cash alternative. 3. Pricing 3.1 All prices include VAT (where applicable) at the current rates. We reserve the right to express the price exclusive of VAT, but we shall show VAT separately and include it in the total price. 3.2 Delivery prices: UK Express Delivery £6.99 (Monday to Friday service only) UK Standard: £3.99 UK Swim Nappy delivery £1.99 Applies if only nappies are being purchased Free UK standard home delivery when you spend £50 or more Overseas Price is calculated per country selected for delivery. We use the most appropriate service for the size and destination of the order; most European orders are not trackable. Please be aware some countries charge customs tax on your items and we will not be liable for this. European orders will be delivered in approx. 3 - 7 working days, Worldwide orders will be delivered in approx. 5-10 working days. 4. Delivery policy 4.1 Express Delivery: Orders received before midday with Express delivery option selected (Mon-Fri) will be delivered the following working day, orders placed after midday (Mon-Fri) will be dispatched the following working day and delivered the day after. Orders placed on Friday may be delivered on Monday or Tuesday depending on what time they were placed. Bank holidays are not classed as working days. This is a signed for service. 4.2 UK Standard: This is not a guaranteed next day service with parcels usually arriving within 3-6 working days. Please note if you use this service an item is not classed as lost until 10 working days after posting , items can only be re sent or refunded after this date. Free Delivery on all UK Orders over £50. 5. Returns policy 5.1 If you require an alternative size or colour for your product, please re-order via our website. We will be more than happy to offer a refund for any unworn items returned to us in their original and undamaged packaging, with tags intact. Please complete the returns slip included in your parcel with all details so that we are fully able to identify your return and process your refund as soon as possible. Please note that we will ONLY be able to offer a refund if these conditions are met and failure to comply will result in a delayed or unfulfilled refund. The costs of returning any goods are the responsibility of the sender. Please return any items in compliance of these conditions to the below address, within 30 days of receipt: Water Babies Returns Water Babies Unit 3 North Moss Lane Industrial Estate Stallingborough DN41 8DN 5.2 Upon receipt of the goods we will give you a full refund of the amount paid. 5.3 We are unable to cancel orders prior to dispatch as they are processed in real time 5.4 In the unlikely event there is a problem with your order where your goods are faulty or damaged, please contact us within 30 days of your order using orders@waterbabies.co.uk These conditions do not affect your statutory rights if the goods are damaged or faulty in any way. 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