Terms and Conditions

PLASTIC FREE BABY

TERMS AND CONDITIONS

 OUR TERMS

1. THESE TERMS  

1.1          What these terms cover. These are the terms and conditions on which the Services are supplied to you.

1.2          Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide services to you, how you and we may change or end the contract what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.

 

2. INFORMATION ABOUT US AND HOW TO CONTACT US  

2.1          Who we are. We are Plastic Free Baby, and are operated as a sole trader by Laura Callaghan Grooms nee Laura Callaghan.

2.2          How to contact us. You can contact us by telephoning our customer service team by writing to us at hello@plasticfree.baby

2.3          How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.

 2.4         "Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.

 

3. OUR CONTRACT WITH YOU  

3.1          How we will accept your order. Our acceptance of your order will take place when we email you to accept it, at which point a contract will come into existence between you and us. You may also enter into a contract with the Seller, which will be a direct contract between you and the Seller.

3.2          Sellers terms and conditions All products on our website are sold by third parties (Sellers) the Seller may impose additional terms and conditions specifically relating to their products.

3.3          If we cannot accept your order. If we or the Seller are unable to accept your order, we will inform you of this in writing and will not charge you for the services. This might be because the services is out of stock, because of unexpected limits on resources which we could not reasonably plan for, because an error has been identified in the price or description of the services

3.4          Your order number. You will be assigned an order number It will help us if you can tell us the order number whenever you contact us about your order.

 3.5         We only sell to the UK. Our website is solely for the promotion of our services in the UK. Unfortunately, we do not accept orders from or deliver to addresses outside the UK.

 

4. THE SERVICES  

4.1          What are the Services.  The services are the provision of goods from selected Sellers which are advertised on our website.

4.2          Services may vary slightly from their pictures. The images of the services on our website are for illustrative purposes only. Although we and the Sellers have made every effort to display the colours accurately, we cannot guarantee that a device’s display of the colours accurately reflects the                   colour of the services. Your services may vary slightly from those images. Although we have made every effort to be as accurate as possible. If the services are handmade, all sizes, weights, capacities, dimensions and measurements indicated on our website have a 3% tolerance.

 4.3         Services packaging may vary. The packaging of the services may vary from that shown in images on our website and may contain plastic or plastic elements.             

 

5. YOUR RIGHTS TO MAKE CHANGES  

                  If you wish to make a change to the services you have ordered please contact us. We or the Seller will let you know if the change is possible. If it is possible you will be advised about any changes to the price of the services, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If the change is not possible or the consequences of making the change are unacceptable to you, you may want to end the contract

 

6. OUR RIGHTS TO MAKE CHANGES  

6.1          Minor changes to the services. We may change the services:

                  (a)  to reflect changes in relevant laws and regulatory requirements; and

                  (b)  to implement minor technical adjustments and improvements,  

6.2          More significant changes to the services and these terms.

                  We may make the following changes to these terms or the services, but if we do so we will notify you and you may then contact us to end the contract before the changes take effect and receive a refund for any services paid for but not received.

 

7. PROVIDING THE SERVICES  

7.1          Delivery costs. The costs of delivery will be as displayed to you on our website.

7.2          When we will provide the services. During the order process you will be advised when the  services will be provided to you.

7.3          We are not responsible for delays outside our control. If the Seller of the services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any services you have paid for but not received.

 7.4         If you are not at home when the services is delivered. If no one is available at your address to take delivery and the services cannot be posted through your letterbox, the couriers of our Suppliers will endeavour to leave you a note informing you of how to rearrange delivery or collect the services from a local depot.

 7.5         If you do not re-arrange delivery. If you do not collect the services from us as arranged or if, after a failed delivery to you, you do not re-arrange delivery or collect them from a delivery depot we will contact you for further instructions and may charge you for storage costs and any further delivery costs. If, despite our reasonable efforts, we are unable to contact you or re-arrange delivery or collection we may end the contract and clause 10.2 will apply.

 7.6         Your legal rights if we deliver goods late. You have legal rights if the goods are delivered late. If the delivery deadline for any goods is missed then you may treat the contract as at an end straight away if you told us before we accepted your order that delivery within the delivery deadline was essential.

 7.7         Setting a new deadline for delivery. If you do not wish to treat the contract as at an end straight away, or do not have the right to do so under clause 7.6 you can give us a new deadline for delivery, which must be reasonable, and you can treat the contract as at an end if we do not meet the new deadline.

7.8          Ending the contract for late delivery. If you do choose to treat the contract as at an end for late delivery under clauses 7.6 or 7.7 you can cancel your order for any of the goods or reject goods that have been delivered. If you wish, you can reject or cancel the order for some of those goods (not all of them), unless splitting them up would significantly reduce their value. After that we will refund any sums you have paid to us for the cancelled goods and their delivery.  If the goods have been delivered to you, you must return. We will pay the costs of postage or collection.

7.9          When you become responsible for the goods. The Services will be your responsibility from the time the services are delivered to the address you gave us.

7.10      When you own goods. You own the services once we have received payment in full.

7.11      What will happen if you do not give required information to us. We may need certain information from you so that we can supply the services to you. If so, this will have been stated in   the description of the services on our website. We will contact you in writing to ask for this information. If you do not give us this information within a reasonable time of us asking for it, or if you give us incomplete or incorrect information, we may either end the contract (and clause 10.2 will apply) or make an additional charge of a reasonable sum to compensate us for any extra work that is required as a result. We will not be responsible for supplying the services late or not supplying any part of them if this is caused by you not giving us the information we need within a reasonable time of us asking for it.

 

8. YOUR RIGHTS TO END THE CONTRACT

8.1          You can always end your contract with us. Your rights when you end the contract will depend on what you have bought, whether there is anything wrong with it, how we are performing and when you decide to end the contract.

                  (a)  If what you have bought is faulty or misdescribed you may have a legal right to end the contract (or to get the services repaired or replaced or to get some or all of your money back), see Clause 11

                  (b)  If you want to end the contract because of something we have done or have told you we are going to do,see clause 8.2

                  (c)  If you have just changed your mind about the services, see clause 8.3 You may be able to get a refund if you are within the cooling-off period, but this may be subject to deductions and you will have to pay the costs of return of any goods;

                  (d)  In all other cases (if we are not at fault and there is no right to change your mind), see clause 8.7 and 8.8

8.2          Ending the contract because of something we have done or are going to do. If you are ending a contract for a reason set out at (a) to (e) below the contract will end immediately and we will refund you in full for any services which have not been provided and you may also be entitled to compensation. The reasons are:

6. a)  we have told you about an upcoming change to the services or these terms which you do not agree to (seeclause 6.2)

                  (b)  we have told you about an error in the price or description of the services you have ordered and you do not wish to proceed;

                  (c)  there is a risk that supply of the services may be significantly delayed because of events outside our control;

                  (d)  we have suspended supply of the services for technical reasons, or notify you we are going to suspend them for technical reasons, or

                  (e)  you have a legal right to end the contract because of something we have done wrong             

8.3          Exercising your right to change your mind (Consumer Contracts Regulations 2013). For most services bought online you have a legal right to change your mind within 14 days and receive a refund. These rights, are in accordance with the Consumer Contracts Regulations 2013,

8.4          When you don’t have the right to change your mind. You do not have a right to change your mind in respect of:

                  (a)  bespoke or personalized services

                  (b)  services sealed for health protection or hygiene purposes, once these have been unsealed after you receive them;

 8.5         How long do I have to change my mind? You can change you mind up to 14 days after the day you receives the goods.

 8.6         Ending the contract where we are not at fault and there is no right to change your mind. Even if we are not at fault and you do not have a right to change your mind you can still end the contract before it is completed, but you may have to pay us compensation. A contract  for goods is completed when the services is delivered and paid for. If you want to end a contract before it is completed where we are not at fault and you have not changed your mind, just contact us to let us know. The contract will end immediately and we will refund any sums paid by you for services not provided but we may deduct from that refund (or, if you have not made an advance payment, charge you) reasonable compensation for the net costs we will incur as a result of your ending the contract.

 

9. HOW TO END THE CONTRACT WITH US (INCLUDING IF YOU HAVE CHANGED YOUR MIND)  

9.1          Tell us you want to end the contract. To end the contract with us, please let us know by emailing us at hello@plasticfree.baby Please provide your name, home address, details of the order and, where available, your phone number and email address.

9.2          Returning services after ending the contract. If you end the contract for any reason after services have been dispatched to you or you have received them, you must return them to us. You must, post them back to us at the address provided to you. If you are exercising your right to change your mind you must send off the goods within 14 days of telling us you wish to end the contract.

 9.3         When we will pay the costs of return. We will pay the costs of return:

                  (a)  if the services are faulty or misdescribed;

                  (b)  if you are ending the contract because we have told you of an upcoming change to the services or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you have a legal right to do so as a result of something we have done wrong; or

                  In all other circumstances (including where you are exercising your right to change your mind) you must pay the costs of return.

 9.4         How we will refund you. We will refund you the price you paid for the services including delivery costs, by the method you used for payment. However, we may make deductions from the price, as   described below.

 9.5         Deductions from refunds if you are exercising your right to change your mind. If you are exercising your right to change your mind:

                  (a)  We may reduce your refund of the price (excluding delivery costs) to reflect any reduction in the value of the goods, if this has been caused by your handling them in a way which would not be permitted in a shop. If we refund you the price paid before we are able to inspect the goods and later discover you have handled them in an unacceptable way, you must pay us an appropriate amount.

                  (b)  The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery of a services within [3-5] days at one cost but you choose to have the services delivered within 24 hours at a higher cost, then we will only refund what you would have paid for the cheaper delivery option.

 9.6         When your refund will be made. We will make any refunds due to you as soon as possible. If you are exercising your right to change your mind then your refund will be made within 14 days from the day on which we receive the services back from you.             

 

10. OUR RIGHTS TO END THE CONTRACT

10.1      We may end the contract if you break it. We may end the contract for a services at any time by writing to you if:

                  (a)  you do not make any payment to us when it is due and you still do not make payment within 7 days of us reminding you that payment is due;

                  (b)  you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the services

                  (c)  you do not, within a reasonable time, allow us to deliver the services to you

 10.2     You must compensate us if you break the contract If we end the contract in the situations set out in clause 10.1 we will refund any money you have paid in advance for services we have not provided but we may deduct reasonable compensation for the net costs we will incur as a result of your breaking the contract

 

11. IF THERE IS A PROBLEM WITH THE SERVICES  

11.1      How to tell us about problems. If you have any questions or complaints about the services, please contact customer services on hello@plasticfree.baby

11.2      Summary of your legal rights. We are under a legal duty to supply services that are in conformity with this contract. Nothing in these terms will affect your legal rights.

 11.3     Your obligation to return rejected services. If you wish to exercise your legal rights to reject services you must return them.

 

12. PRICE AND PAYMENT  

12.1      Where to find the price for the services. The price of the services (which includes VAT) will be the price indicated on the order pages when you placed your order. We take all reasonable care to ensure that the price of the services advised to you is correct. However please see clause 12.3 for what happens if we discover an error in the price of the services you order.

 12.2     We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we supply the services, we will adjust the rate of VAT that you pay, unless you have already paid for the services in full before the change in the rate of VAT takes effect.

 12.3     What happens if we got the price wrong. It is always possible that, despite our best efforts, some of the services we sell may be incorrectly priced. We will normally check prices before accepting your order so that, where the services’s correct price at your order date is less than our stated price at your order date, we will charge the lower amount. If the services’s correct price at your order date is higher than the price stated to you, we will contact you for your instructions before we accept your order.

 12.4     When you must pay and how you must pay. Payment must be paid in advance through the website.

 

13.        OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU  

 13.1     We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.

13.2      We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the services.

13.3      We are not liable for business losses. We only supply the services for domestic and private use. If you use the services for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

 

14. HOW WE MAY USE YOUR PERSONAL INFORMATION  

14.1      How we will use your personal information. We will use the personal information you provide to us, in accordance with our GDPR policy and in particular:

                  (a)  to supply the services to you;

                  (b)  to process your payment for the services; and

                  (c)  if you agreed to this during the order process, to give you information about similar services that we provide, but you may stop receiving this at any time by contacting us.

                  (d)   pass your details to the relevant Seller for the purposes of providing the services

 

15. OTHER IMPORTANT TERMS  

15.1      If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

 15.2     Even if we delay in enforcing this contract we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

 15.3     Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the services in the English courts.

15.4      Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to Centre of Excellence for Dispute Resolution  via their website at cedr.com cedr will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings.

 

 

 CANCELLATION FORM

 

(Complete and return this form only if you wish to withdraw from the contract)

 

To : Laura Callaghan (Grooms) at hello@plasticfree.baby

 

I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/for the supply of the following service [*],

 

Ordered on [*]/received on [*],

 

Name of consumer (s),

 

Address of consumer (s),

 

Signature of consumer (s) (only if this form is notified on paper),

 

Date

 

[*] Delete as appropriate