Terms of Sale (Consumers)
Please read these terms of sale carefully. You will be asked to expressly agree to these terms of sale before you place an order for products from our website. (2) Interpretation In these terms of sale, “we” means Little Dippers Films (and “us” and “our” will be construed accordingly); and “you” means our customer or potential customer for products (and “your” will be construed accordingly). (3) Order process The advertising of products on our website constitutes an “invitation to treat”; and your order for products constitutes a contractual offer. No contract will come into force between you and us unless and until we accept your order in accordance with the procedure detailed below. In order to enter into a contract to purchase products from us, you will need to take the following steps: (i) you must add the products you wish to purchase to your shopping cart, and then proceed to the checkout; (ii) you will be asked to enter your payment details; (iii) you will be asked to confirm your order details. We will not file a copy of these terms of sale specifically in relation to your order. We may update the version of these terms of sale on the website from time to time, and we do not guarantee that the version you have agreed to will remain accessible. We therefore recommend that you download, print and retain a copy of these terms of sale for your records. The only language in which we provide these terms of sale is English. (4) The products The Little Dippers ‘Waterbabies’ infant water safety DVD or downloadable tutorials. (5) Price and payment Prices for products are quoted on our website. Payment must be made upon the submission of your order. We may withhold the products and/or cancel the contract between us if the price is not received from you in full in cleared funds. The prices on the website include all value added taxes (where applicable). Payment for all products must be made by the method detailed on the website. Prices for products are liable to change at any time, but changes will not affect contracts which have come into force. (6) Your warranties You warrant to us that: (a) you are legally capable of entering into binding contracts, and you have full authority, power and capacity to agree to these terms of sale; (b) the information provided in your order is accurate and complete; (c) you will be able to accept delivery of the products; [(d) you are resident in England or Wales; and] [(e) you are at least 18 years of age.] (7) Delivery policy We will arrange for the products to be delivered to the address for delivery indicated in your order. We will use reasonable endeavours to deliver products within 7 working days of the date of your order. (8) Risk and ownership The products will be at your risk from the time of delivery. Ownership of the products will only pass to you upon the later of: (a) delivery of the products; and (b) receipt by us of full payment of all sums due in respect of the products (including delivery charges). We will be entitled to recover payment for the products even where ownership has not passed to you. (9) “Cooling off” period You may cancel a contract to purchase a product or products at any time within 7 working days after the day you received the relevant products or products (subject to the limitations set out below). If you cancel a contract, you must inform us in writing and return the products to us immediately, in the same condition and packaging in which you received them. Products returned by you in accordance with this Section will be refunded in full once we receive them. However, you will be responsible for paying the cost of returning the product to us. (10) Statutory rights Nothing in these terms of sale affects your statutory rights (including your right to receive a refund in respect of any defective product we sell to you). (11) Refunds If you cancel a contract and are entitled to a refund, we will usually refund any money received from you using the same method originally used by you to pay for your purchase. We will process the refund due to you as soon as possible and, in any event, within 30 days of the day we received your valid notice of cancellation. (12) Limitations and exclusions of liability The limitations and exclusions of liability set out in this Section [and elsewhere in the terms of sale]: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the terms of sale or in relation to the subject matter of the terms of sale, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty. (13) General terms Images of products on our website are for illustrative purposes; actual products may differ from such images. We will treat all your personal information that we collect in connection with your order in accordance with the terms of our privacy policy; use of our website will be subject to our website terms of use. Contracts under these terms of sale may only be varied by an instrument in writing signed by both you and us. We may revise these terms of sale from time-to-time, but such revisions will not affect the terms of any contracts which we have entered into with you. If any provision of these terms of sale is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect, and such invalid or unenforceable provisions or portion thereof will be deemed omitted. Each contract under these terms of sale is made for the benefit of the parties to it and is not intended to benefit, or be enforceable by, any other person. The right of the parties to terminate, rescind, or agree any amendment, variation, waiver or settlement under such contracts is not subject to the consent of any person who is not a party to the relevant contract. Subject to the first paragraph of Section [12]: these terms of sale contain the entire agreement and understanding of the parties in relation to the purchase of products from our website, and supersede all previous agreements and understandings between the parties in relation to the purchase of products from our website; and each party acknowledges that no representations not expressly contained in these terms of sale have been made by or on behalf of the other party in relation to the purchase of products from our website. These terms of sale will be governed by and construed in accordance with English law, and the courts of England and Wales will have non-exclusive jurisdiction to adjudicate any dispute arising under or in relation to these terms of sale. (14) About us Our full name is Little Dippers Films Ltd. Our principal trading address is Little Dippers Films Ltd Our company registration number is 4576714. Our email address is info@littledippersfilms.co.uk. Our VAT number is 805 3746 33. Terms of Use (Online Shop) (1) Introduction These terms of use govern your use of our website; by using our website, you accept these terms of use in full. If you disagree with these terms of use or any part of these terms of use, you must not use our website. If you register with our website we will ask you to expressly agree to these terms of use. (2) Licence to use website Unless otherwise stated, we or our licensors own the intellectual property rights in the website and material on the website. Subject to the licence below, all these intellectual property rights are reserved. You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms of use. You must not: (a) republish material from this website (including republication on another website); (b) sell, rent or sub-license material from the website; (c) show any material from the website in public; [(d) reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;] [(e) edit or otherwise modify any material on the website; or [(f) redistribute material from this website [except for content specifically and expressly made available for redistribution [(such as our newsletter)].]
(3) Acceptable use You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software. You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent. (4) Products The advertising of products on our website constitutes an “invitation to treat” - not a contractual offer. Prices stated on our website may be stated incorrectly. The purchase of products via our website will be subject to our terms of sale. We will ask you to agree to our terms of sale each time you purchase a product or products via our website. (5) Limited warranties Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date. To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). (6) Limitations and exclusions of liability Nothing in these terms of use will: (a) limit or exclude our or your liability for death or personal injury resulting from negligence; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; (c) limit any of our or your liabilities in any way that is not permitted under applicable law; or (d) exclude any of our or your liabilities that may not be excluded under applicable law. If you are a consumer, any statutory rights which you have, which cannot be excluded or limited, will not be affected by these terms of use. The limitations and exclusions of liability set out in this Section and elsewhere in these terms of use: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the terms of use or in relation to the subject matter of the terms of use, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty. (7) Indemnity You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms of use (8) Breaches of these terms of use Without prejudice to our other rights under these terms of use, if you breach these terms of use in any way, or if we reasonably suspect that you have breached these terms of use in any way, we may: (a) send you one or more formal warnings; (b) temporarily suspend your access to the website; (c) permanently prohibit you from accessing the website; (d) block computers using your IP address from accessing the website; (e) contact your internet services provider and request that they block your access to the website; (f) bring court proceedings against you for breach of contract or otherwise; and/or [(g) suspend and/or delete your account with the website.] (9) Variation We may revise these terms of use from time-to-time. Revised terms of use will apply to the use of our website from the date of the publication of the revised terms of use on our website. Please check this page regularly to ensure you are familiar with the current version. (10) Assignment We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms of use without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms of use. (11) Severability If a provision of these terms of use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect. (12) Exclusion of third party rights These terms of use are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms of use is not subject to the consent of any third party. (13) Entire agreement These terms of use, together with our privacy policy, constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this website. (14) Law and jurisdiction These terms of use will be governed by and construed in accordance with English law, and any disputes relating to these terms of use will be subject to the [non-]exclusive jurisdiction of the courts of England and Wales. (17) Our details
Our full name is Little Dippers Films Ltd. Our principal trading address is Little Dippers Films Ltd Our company registration number is 4576714. Our email address is info@littledippersfilms.co.uk. Our VAT number is 805 3746 33.
|